Federal Migratory Bird Hunting and Conservation Stamp (Duck Stamp) Contest Regulations, 12275-12280 [2018-05588]
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Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Rules and Regulations
Service (AMR Third R&O). Specifically,
the AMR Third R&O removed certain
requirements and associated burdens
contained in 47 CFR 73.151, 73.154, and
73.155. To the extent the revisions affect
reporting or record-keeping
requirements, they reduce those
burdens for AM broadcasters operating
with directional antenna arrays. The
Commission received approval for the
revised information collection
requirements contained under this
collection from the Office of
Management and Budget (OMB).
In the 2015 AM revitalization
proceeding, the FCC proposed
streamlining certain technical
requirements to assist AM broadcasters
in providing radio service to consumers.
For example, almost 40 percent of all
AM broadcast stations must employ
directional antenna arrays during some
or all of the broadcast day in order to
avoid interference with other AM
stations. Maintaining a directional
signal pattern can be technically
complex, time-consuming, and
expensive. Such stations are subject to
a variety of rules requiring signal
strength measurements and other
engineering analyses to ensure
compliance with their authorizations.
In the AMR Third R&O, the FCC
eliminated, clarified, or eased several of
the rules governing AM stations using
directional antenna arrays. First, the
FCC revises 47 CFR 73.154(a) to relax
the rule on submission of partial proofs
of performance of directional AM
antenna arrays by eliminating the
requirement to take measurements on
non-monitored radials adjacent to
monitored radials. Next, the FCC
modified several rules pertaining to AM
stations that use Method of Moments
(MoM) models of directional array
performance. MoM modeling allows
broadcasters to verify antenna system
performance through computer
modeling, as opposed to sending
engineers into the field to take field
strength measurements. Thus, a proof
using a MoM model is less expensive
than taking field strength measurements
of an AM station’s directional pattern.
Specifically, the FCC: (1) Revised 47
CFR 73.151(c)(1)(ix) to eliminate the
requirement of obtaining a registered
surveyor’s certification, provided that
no new towers are being added to an
existing AM array and the tower
geometry is not changed; (2) added 47
CFR 73.151(c)(1)(x) to extend the
exemption from having to file a new
proof with the FCC to any AM tower
modification that does not affect the
modeled values used in the previously
submitted license proof; (3) revised 47
CFR 73.151(c)(3) to retain the current
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requirement for submission of reference
field strength measurements in the
initial license application, but to
eliminate the requirement to submit
additional reference field strength
measurements in subsequent license
applications; and (4) revised 47 CFR
73.155 to eliminate the requirement for
biennial recertification of the
performance of a directional pattern
licensed pursuant to a MoM proof,
except when system components have
been repaired or replaced.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2018–05741 Filed 3–20–18; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 91
[Docket No. FWS–HQ–MB–2015–0161;
FXMB 12330900000//189//FF09M13200]
RIN 1018–BB23
Federal Migratory Bird Hunting and
Conservation Stamp (Duck Stamp)
Contest Regulations
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
The U.S. Fish and Wildlife
Service (Service or we) is revising
regulations governing the annual
Federal Migratory Bird Hunting and
Conservation Stamp (Duck Stamp)
Contest, also known as the Federal Duck
Stamp Contest (Contest). We are
updating our contact information,
updating the common and scientific
names of species on our list of Contest
design subjects, correcting minor
grammar errors, making changes to
recognize technological advances in
stamp design and printing, and
instituting changes to design elements
and judging requirements specific to the
2018 Contest.
DATES: This rule is effective March 21,
2018.
ADDRESSES: You can view the 2018
Contest Artist Brochure by one of the
following methods:
• Duck Stamp Contest and Event
Information: https://www.fws.gov/birds/
get-involved/duck-stamp/duck-stampcontest-and-event-information.php.
• Request a copy by contacting the
person listed under FOR FURTHER
INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT:
Suzanne D. Fellows, Federal Duck
SUMMARY:
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Stamp Office, U.S. Fish and Wildlife
Service, Department of the Interior,
MS:MB, 5275 Leesburg Pike, Falls
Church, VA 22041–3803; (703) 358–
2145; suzanne_fellows@fws.gov.
SUPPLEMENTARY INFORMATION:
Background
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 from the sale of the stamp is
used to buy or lease waterfowl habitat.
Since its enactment, the Federal Duck
Stamp Program has become
internationally known as one of the
most popular and successful
conservation programs ever initiated.
Today, some 1.5 million stamps are sold
each year and, as of 2017, Federal Duck
Stamps have generated more than $1
billion for the preservation of
approximately 6 million acres of
waterfowl habitat in the United States.
Numerous other birds, mammals, fish,
reptiles, and amphibians have similarly
prospered because of habitat
conservation made possible by the
program. Many of the Nation’s
endangered and threatened species find
food or shelter on refuges preserved by
Duck Stamp funds. Moreover, protected
wetlands help dissipate storm water
runoff, purify water supplies, store flood
water, and nourish fish hatchlings
important for sport and commercial
fishermen.
The first Federal Duck Stamp was
designed 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
Federal Duck Stamp Contest was
opened in 1949 to any U.S. artist who
wished to enter. Regulations governing
the Contest appear at 50 CFR part 91.
To select each year’s design, a panel
of noted art, waterfowl, and philatelic
authorities is appointed by the Secretary
of the Interior (Secretary). Winners
receive no compensation for their work
except for a pane of their stamps signed
by the Secretary. However, artists
maintain the copyright to their artwork
and may sell prints of their designs,
which are sought by hunters,
conservationists, and art collectors.
An annual rules brochure is
published to announce the Contest and
provide artists with official entry forms,
a list of five or fewer eligible species
that may be depicted, and instructions
for submitting entries. Any changes to
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the Contest regulations must be
completed by going through the formal
rulemaking process.
On February 11, 2016, we published
a proposed rule (81 FR 7279) to revise
the Duck Stamp Contest regulations. At
that time, we proposed to update or
correct contact information and other
minor spelling or grammar errors, as
well as specify a new requirement to
include a second, appropriate, migratory
bird species in the artwork design
beginning with the 2016 Contest.
However, we chose not to go forward
with the proposed new Contest
requirement.
On November 28, 2017, we published
a revised proposed rule (82 FR 56201),
which included further updates to the
names of eligible species, updates to
recognize technological advances in
stamp design and printing, and a
proposed requirement specific to the
2018 Contest. For the 2018 Contest, this
proposed change would require the
inclusion of waterfowl hunting-related
accessories and/or themes in all
qualified 2018 Contest entries; by
portraying the theme ‘‘celebrating our
waterfowl hunting heritage,’’ we would
recognize the role of hunters in raising
over $1 billion for waterfowl habitat
conservation through the sale of Duck
Stamps. The revised proposed rule
opened a 30-day public comment period
and invited comments on the proposed
changes from artists, stamp collectors,
and other members of the public.
sradovich on DSK3GMQ082PROD with RULES
Summary of Public Comments and
Responses
We received 60 comments on the
November 28, 2017, proposed rule (82
FR 56201). Several commenters simply
expressed disapproval or support for the
2018 Contest rules. However, the
majority had specific comments, which
are grouped under appropriate subjectmatter headings and addressed below.
Update to Eligible Species List
(1) Comment: One commenter thought
that it was not necessary to include the
scientific names of eligible species.
Service Response: We provide both
common and scientific names of birds,
as recognized by the American
Ornithological Union, when publishing
rules and when discussing species in
official documents. This practice helps
avoid confusion among readers who
may use a different colloquial name for
the species. These changes will be
published in our final rule as proposed.
Proposed Requirements Specific to the
2018 Contest
(2) Comment: Several commenters
indicated that they were in favor of the
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requirement that the 2019–20 Duck
Stamp reference the theme ‘‘celebrating
our waterfowl hunting heritage’’. Many
believed that it was important and long
over-due to recognize hunters’
contributions to conservation and the
waterfowl hunting heritage.
Several other commenters expressed
that they were against the proposed
change for the 2018 Contest. Most
believed that the current Contest
regulations worked well to ensure that
the best artwork is selected each year for
the Federal Duck Stamp. Several
commenters stated their belief that the
Federal Duck Stamp already celebrates
hunting, as the inclusion of huntingrelated accessories, hunters, and
hunting scenes are already permitted as
part of the stamp design. Several
believed that making such inclusion
mandatory would jeopardize the
stamp’s appeal to non-hunters who are
interested in purchasing the stamp as a
way of supporting conservation. Many
of those against the change for the 2018
Contest did not want the inclusion of
hunting-related items to detract from the
primary waterfowl focus of the stamp.
Other commenters expressed no
strong opinion on the proposed change
but were not supportive of a permanent
change.
Service Response: We recognize that
responses to the change proposed for
the 2018 Contest are mixed. However,
we believe this one-time change to
recognize the contributions of hunters
and hunting to waterfowl conservation
is appropriate and will not negatively
impact the Stamp or the Contest;
therefore, we are making that proposal,
which is specific only to the 2018
Contest, final in this rule.
Inclusion of a Theme
(3) Comment: Two commenters urged
that any changes to, or requirements for,
a theme be done only with careful
consideration of all aspects of the stamp
program, artists, and purchasers of the
stamp. There were also suggestions that
art changes be ‘‘recommended’’ rather
than mandatory. The suggestion was
made that proposed themes should have
an intrinsic biological or conservation
message. Several other commenters
expressed their opinion that an
appropriate Contest theme could bring
increased exposure to the program,
while other commenters believed that
the inclusion of an annual theme would
make a poor quality stamp and would
not significantly improve the resulting
design. Several also suggested that the
inclusion of objects (such as humans or
dogs) to satisfy the requirement of
addressing the theme would detract
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from the natural beauty of the depicted
waterfowl.
Service Response: The concept of
having a theme to the Contest is not
new. Previous themes have included
‘‘Retrievers Save Game,’’ ‘‘Wildlife
Needs Water: Preserve Wetlands,’’
‘‘Habitat Produces Ducks,’’ and ‘‘Ducks
for Recreation.’’ Different themes have
also been used in marketing the annual
stamp. The extent to which the 2019–20
theme and stamp increases exposure to
the Federal Duck Stamp Program will be
contingent upon the ability of the
Service and its partners to share our
message with traditional audiences and
others.
Regarding the inclusion of objects in
the stamps, there are several examples
of previous stamps that contain objects
such as decoys, dogs, and hunters that
have made memorable stamps. The
judges’ mandate has been, and will
remain, that they choose the design that
will best make an attractive Federal
Duck Stamp.
Hunter Recognition
(4) Comment: Several commenters
approved of recognizing our hunting
heritage and applauded the Service for
recognizing the huge financial
commitment hunters annually put
toward wildlife conservation. Several
other commenters believed that the best
way to keep support for ethical hunting
is to actively educate and show others
that hunters also care about wildlife and
healthy ecosystems.
Service Response: The recognition of
waterfowl hunters’ contributions to
wildlife and habitat conservation will
further the Department of the Interior’s
priorities of hunter retention and
recruitment, and of increased
sportsperson access on public lands. By
focusing on the long heritage of
waterfowl hunting on the 2019–20
Federal Duck Stamp, we acknowledge
the contributions of other hunters,
anglers, and shooters as
conservationists.
Further, upon its conception in 1934,
the proper name of the Federal Duck
Stamp was the ‘‘Migratory Bird Hunting
Stamp.’’ The name became ‘‘Migratory
Bird Hunting and Conservation Stamp’’
with the 1977–78 stamp to reflect the
broader conservation aspects and
primary goal of the stamp. While the
theme and inclusion of a huntingrelated accessory and/or scene will be
mandatory in the 2019–20 Federal Duck
Stamp design, the central and dominant
aspect is still a live portrayal of one of
the five eligible waterfowl species.
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Raising Funds for Wildlife Habitat
Conservation
sradovich on DSK3GMQ082PROD with RULES
(5) Comment: Commenters questioned
whether the proposed change would
increase interest in the Duck Stamp
Program and boost the annual sale of
stamps. Several believed that
recognizing the contributions of one
group over others could be divisive, and
the hunting theme could alienate nonconsumptive buyers, such as stamp
collectors or those expressing support
for the National Wildlife Refuge System.
Although these discretionary purchasers
obtain the stamp for reasons other than
‘‘because it is mandatory,’’ their
contribution also goes to the
conservation of habitat. Lastly, several
commenters mentioned the lack of a
solid marketing strategy for Duck
Stamps and the need for a marketing
company to provide direction on
boosting sales.
Service Response: The Federal Duck
Stamp has been mandatory to hunt
waterfowl for the past 85 years, and has
been incredibly successful in conserving
habitat for wildlife. By using the theme
‘‘celebrating our waterfowl hunting
heritage’’ on the 2019–20 stamp, we are
recognizing the conservation
contributions (over $1 billion) made by
millions of waterfowl hunters over this
period.
We appreciate those who voluntarily
help fund wildlife habitat conservation
through their purchase of Federal Duck
Stamps and will continue to encourage
non-consumptive wildlife resource
users, stamp collectors, and other
conservationists to purchase Federal
Duck Stamps to support migratory bird
habitat conservation. Over the past
several years, there has been a concerted
effort to encourage purchase of the
stamp by birders and other
conservationists. We hope that current
non-consumptive purchasers will
recognize that hunting is part of the
tradition behind the Federal Duck
Stamp and will continue to support the
conservation afforded by stamp sales.
The inclusion of the ‘‘celebrating our
waterfowl hunting heritage’’ theme
provides the opportunity to present
information on the history and tradition
of waterfowl hunting in the United
States. Lastly, comments regarding
marketing the Duck Stamp are beyond
the scope of this rule.
Artist Issues
(6) Comment: Several artists said that
they will not be able to properly execute
their designs between the time the rules
are finalized for 2018 and the Contest
due date. Most artists expressed
resentment of changes that are not
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finalized more than 12 months ahead of
the beginning of the Contest year and
would prefer that we provide final
Contest rules and each year’s eligible
species list at least 3 years ahead of the
annual Contest open date. Adding
mandatory elements with less than a
year to research and gather reference
materials, design, and then execute their
entries will prevent some artists from
entering the 2018 Contest.
Several commenters were upset with
changing the waterfowl species
previously advertised as being eligible.
Several artists felt that the mandatory
‘‘inclusion of a hunting accessory’’
would alienate or discourage many
artists. By changing hunting elements
from optional to mandatory, several
artists stated that they will not enter the
Contest on principle. Not all artists are
waterfowl hunters or are part of the
hunting culture, so they expressed the
opinion that they would be at a severe
disadvantage as to what qualifies as a
hunting accessory. It was suggested that
‘‘hunting accessories’’ be kept as
‘‘optional’’ and the rules to read
‘‘recommended but not mandatory.’’
Service Response: We understand the
artists’ desire to have rules available to
them as early as possible and appreciate
the amount of preparation and research
needed before artists can design and
execute their entries. Unfortunately, we
are unable to provide final rules 12 to
36 months ahead of the relevant Contest
date.
Regarding the eligible species list, the
five ‘‘tentative’’ species first listed for
2018, as advertised in September 2016,
were not considered the most
appropriate species for depiction in a
stamp illustrating the proposed
‘‘celebrating our waterfowl hunting
heritage’’ theme. Five new species were
selected for the 2018 Contest and
advertised in October 2017, well ahead
of the publication of the annual rules
brochure. Reference materials for these
five relatively common, widespread
waterfowl species are readily available
to most wildlife artists.
The change in species was advertised
on our Duck Stamp website, as well as
communicated to individual artists who
had participated in the previous years’
Contests and who had provided an
active email address. Future years’
eligible species lists are considered and
denoted as ‘‘tentative’’ until the
publication of the annual Contest
brochure (usually in January).
It is not our intention to alienate
potential Duck Stamp Contest artists.
We hope that the proposed theme will
encourage both artists and stamp
purchasers to learn more about the rich
tradition of waterfowl hunting. Decoys
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and hunting dogs are among the
examples of elements that can be
included to satisfy this requirement.
Artist Recognition
(7) Comment: To increase artist
participation in the Contest, several
commenters suggested that small prizes
such as ribbons or other recognition
items of low monetary value be awarded
to Contest finalists.
Service Response: We will consider
recognizing all artists whose entry
successfully enters the final round of
Contest judging. We may provide a
ribbon or other small recognition item.
All artists who enter the Contest will
continue to receive a letter of
appreciation from the Duck Stamp
Office with the return of their artwork.
Entry Fees and Entries
(8) Comment: Several artists suggested
lowering the entry fee to encourage
additional artists to enter. Others
believed that we should limit the
number of times a person can win to
twice.
Service Response: At the current fee
of $125 per entry, approximately 500
entries would be needed to run the
Contest entirely from artist entry fees.
Due to the costs associated with the
Contest, we do not anticipate lowering
entry fees. We remain committed to
providing a prestigious, well-ordered
Contest.
Regarding the limiting of entries, in
the 85-year history of the Program, there
have been 60 different artists whose
work has graced the Federal Duck
Stamp. Thirteen artists have illustrated
two or more stamps (36 of 70 open
competitions). We do not anticipate
changing the number of times that an
artist can participate in the Contest, but
we will continue to require winning
artists to wait 3 years before entering
again.
Judging Requirement/Scoring
Assessment for 2018 Contest
(9) Comment: Three commenters were
in opposition to the following proposed
change: 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
accessories. The commenters believe
that only the ‘‘best art for the stamp’’
should be the basis for the judges’
decision and further believe that while
the judging panel overall should have
the necessary qualifications, individual
judge selection should not be limited by
a single restrictive requirement. One
commenter expressed strong support
that the judges have an understanding
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and appreciation for waterfowl hunting
heritage.
Service Response: We will develop a
slate of qualified nominees to be judges
that will be forwarded to the Secretary
of the Interior, or his designee, for
concurrence. All potential judges will
be deemed as qualified if they have one
or more of the following qualifications:
Recognized art credentials; knowledge
of the anatomical makeup and the
natural habitat of the eligible waterfowl
species; an understanding of the
wildlife sporting world in which the
Duck Stamp is used; an awareness of
philately and the role the Duck Stamp
plays in stamp collecting; and
demonstrated support for the
conservation of waterfowl and wetlands
through active involvement in the
conservation community.
sradovich on DSK3GMQ082PROD with RULES
Duck Stamp Collectors
(10) Comment: Comments from those
self-identifying as Duck Stamp
collectors were mixed. Some believed
that their collecting habits would
decrease if the traditional Duck Stamp
design was radically altered, while
others believed that some variation from
the standard design could be well
accepted.
Service Response: As purchasers of
the Federal Duck Stamp, collectors are
valued customers and conservation
partners. We do not believe that the
winning artwork will create a stamp that
will be radically different from
historical stamps. We do not anticipate
this rule will greatly impact whether or
not collectors will purchase the 2019–20
Duck Stamp.
Eligible Species and Other Themes
(11) Comment: Several people
commented on the species list of
primary subjects eligible for selection
each year, including a suggestion to
rotate winning species to the bottom of
the eligible species list since multiple
stamps have featured the mallard,
Canada goose, and wood duck. Another
commenter suggested it was time to
update the overall list from which each
year’s species are chosen, while one
suggested different stamps for different
flyways or U.S. territories might be a
better way to increase funds for
conservation.
Commenters also proposed several
other themes with different required
elements. A suggestion was also made
that to require an ‘‘old-style black-andwhite’’ version of the stamp for one year
in order to highlight the history of the
stamp and the role of collectors.
Service Response: Five or fewer
species of waterfowl are chosen to be
eligible for each year’s Contest from a
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list of native North American waterfowl
species. Artists are instructed to choose
at least one of these eligible species as
their dominant design feature.
Canvasback and mallard have each
appeared on six Federal Duck Stamps,
wood duck on three. Twenty-four
species have only been depicted once.
Many of these 24 have been among the
5 eligible species provided annually as
subjects and have been represented in
the top three designs for many Contests.
Regarding the comment about using
different stamps in different Flyways,
while we agree that each Flyway may
have preferred species for a Federal
Duck Stamp, the cost and time required
to produce four annual stamps would
result in the loss of funds available for
conservation. Likewise, the purpose of
this rule is not to develop alternate
themes, although we may consider some
of these proposals in the future.
Carrier Design
(12) Comment: Several commenters
indicated that providing recognition of
and information on hunter contributions
to wildlife conservation would be a
positive thing for those who do not
understand or who oppose hunting.
Suggestions were made to include the
proposed theme on the carrier or back
of the stamp rather than as part of the
stamp design itself.
Service Response: The carrier of the
stamp—the area around the actual
stamp on the pane of one, dollar-billsize, pressure-sensitive adhesive
stamp—is created by the stamp designer
with input from the artist and the
Federal Duck Stamp Office. It is the
current practice of the Duck Stamp
Office to include educational and
celebratory information on the carrier of
the stamp and on other products.
Depiction of Firearms
(13) Comment: Several commenters
expressed negative opinions regarding
hunting, as well as the possible
representation of firearms as part of the
stamp design.
Service Response: Issues regarding
gun violence are beyond the scope of
this rule. Hunting is a recognized
wildlife management tool, and the
Service supports the legal and ethical
right of lawful hunters to use firearms
to hunt wildlife. The 2018 Contest entry
may include other appropriate items to
fulfill the thematic requirement that a
waterfowl hunting-related accessory
and/or scene be included in a 2018
contestant’s design.
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Summary of Changes From the
November 28, 2017, Proposed Rule
This rule includes no significant
changes based on public comments to
the proposed rule published on
November 28, 2017 (82 FR 56201).
As an administrative update, this rule
does newly specify the delivery address
of artwork submitted to the Contest at
50 CFR 91.16(b).
Amendments to Existing Regulations
This rule contains the following
changes to the regulations:
• We update contact information at
§§ 91.1(b), 91.11, and 91.16(b).
• We update the common and
scientific names and ordering of eligible
species listed at § 91.4.
• We set forth the 2018 Contest
restriction on subject matter for entries
at § 91.14(b).
• We remove and reserve § 91.15.
• We set forth an additional judge
qualification for the 2018 Contest at
§ 91.21(b)(2).
• We set forth language at § 91.23(b)
to reflect the mandatory theme to be
applied in the 2018 Contest.
Actions specific to the 2018 Contest
will be valid only for the 2018 Contest;
they will no longer be valid after
September 16, 2018. We will engage in
rulemaking sometime after September
16, 2018, to remove the requirements
specific to the 2018 Contest from the
regulations.
Required Determinations
For this final rule, we affirm the
following required determinations
provided in our November 28, 2017,
proposed rule (82 FR 56201):
• Regulatory Flexibility Act (5 U.S.C.
601 et seq.); and
• Executive Order (E.O.) 13771.
Further, for this final rule, we affirm
the following required determinations
provided in our February 11, 2016,
proposed rule (81 FR 7279):
• Small Business Regulatory
Enforcement Fairness Act (5 U.S.C.
804(2));
• Unfunded Mandates Reform Act (2
U.S.C. 1531 et seq.);
• Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.);
• National Environmental Policy Act
(42 U.S.C. 4321 et seq.); and
• Executive Orders 12630, 12866,
12988, 13132, 13175, 13211, and 13563.
List of Subjects in 50 CFR Part 91
Hunting, Wildlife.
Regulation Promulgation
For the reasons stated in the
preamble, we amend 50 CFR part 91, as
set forth below:
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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 § 91.1(b) by revising the
third sentence to read as follows:
■
§ 91.1
Purpose of regulations.
*
*
*
*
*
(b) * * * These documents can also
be downloaded from our website at:
https://www.fws.gov/birds/get-involved/
duck-stamp.php.
*
*
*
*
*
■ 3. Revise § 91.4 to read as follows:
sradovich on DSK3GMQ082PROD with RULES
§ 91.4
Eligible species.
Five or fewer of the species listed
below will be identified as eligible each
year; those eligible species will be
provided to each contestant with the
information provided in § 91.1.
(a) Whistling-Ducks. (1) Fulvous
Whistling-Duck (Dendrocygna bicolor).
(2) Black-bellied Whistling-Duck
(Dendrocygna autumnalis).
(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).
(c) Swans. (1) Trumpeter Swan
(Cygnus buccinator).
(2) Tundra Swan (Cygnus
columbianus).
(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).
(e) Diving Ducks. (1) Canvasback
(Aythya valisineria).
(2) Redhead (Aythya americana).
(3) Ring-necked Duck (Aythya
collaris).
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(4) Greater Scaup (Aythya marila).
(5) Lesser Scaup (Aythya affinis).
(f) Sea-Ducks. (1) Steller’s Eider
(Polysticta stelleri).
(2) Spectacled Eider (Somateria
fischeri).
(3) King Eider (Somateria spectabilis).
(4) Common Eider (Somateria
mollissima).
(5) Harlequin Duck (Histrionicus
histrionicus).
(6) Surf Scoter (Melanitta
perspicillata).
(7) White-winged Scoter (Melanitta
fusca).
(8) Black Scoter (Melanitta
americana).
(9) Long-tailed Duck (Clangula
hyemalis).
(10) Bufflehead (Bucephala albeola).
(11) Common Goldeneye (Bucephala
clangula).
(12) Barrow’s Goldeneye (Bucephala
islandica).
(g) Mergansers. (1) Hooded Merganser
(Lophodytes cucullatus).
(2) Common Merganser (Mergus
merganser).
(3) Red-breasted Merganser (Mergus
serrator).
(h) Stiff Tails. (1) Ruddy Duck
(Oxyura jamaicensis).
(2) [Reserved]
■ 4. Revise § 91.11 to read as follows:
§ 91.11 Contest opening date and entry
deadline.
The contest officially opens on June 1
of each year. Entries must be
postmarked no later than midnight,
August 15. For the latest information on
contest time and place as well as all
deadlines, please visit our website at
https://www.fws.gov/birds/get-involved/
duck-stamp.php or call (703) 358–2145.
■ 5. Revise § 91.14 to read as follows:
§ 91.14
entry.
Restrictions on subject matter for
(a) General restrictions. 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
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12279
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)
of this section, 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 waterfowl hunting
heritage.’’
§ 91.15
■
■
[Removed and Reserved]
6. Remove and reserve § 91.15.
7. Revise § 91.16(b) to read as follows:
§ 91.16
Submission procedures for entry.
*
*
*
*
*
(b) Each entry should be appropriately
wrapped to protect the artwork and then
either hand-delivered or sent by
registered mail, certified mail, express
mail, or overnight delivery service to:
Federal Duck Stamp Contest, U.S. Fish
and Wildlife Service, MS: MB, 5275
Leesburg Pike, Falls Church, VA 22041.
■ 8. In § 91.21, designate the text of
paragraph (b) as paragraph (b)(1) and
add a heading for newly designated
paragraph (b)(1) and paragraph (b)(2) to
read as follows:
§ 91.21 Selection and qualification of
contest judges.
*
*
*
*
*
(b) Qualifications—(1) General
qualifications. * * *
(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 accessories.
*
*
*
*
*
■ 9. Revise § 91.23 to read as follows:
§ 91.23
Scoring criteria for contest.
(a) General criteria. Entries will be
judged on the basis of anatomical
accuracy, artistic composition, and
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Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Rules and Regulations
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 waterfowl hunting heritage.’’
Dated: February 27, 2018.
Jason Larrabee,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks, exercising the
authority of the Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2018–05588 Filed 3–20–18; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120404257–3325–02]
RIN 0648–XF971
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2018
Commercial Accountability Measure
and Closure for South Atlantic Golden
Tilefish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements an
accountability measure for the
commercial longline component for
golden tilefish in the exclusive
economic zone (EEZ) of the South
Atlantic. Commercial longline landings
for golden tilefish are projected to reach
the longline component’s commercial
quota on March 25, 2018. Therefore,
NMFS closes the commercial longline
component of golden tilefish in the
South Atlantic EEZ on March 25, 2018.
This closure is necessary to protect the
golden tilefish resource.
DATES: This rule is effective 12:01 a.m.,
local time, March 25, 2018, until 12:01
a.m., local time, January 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic includes golden tilefish and is
managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council (Council) and is
implemented by NMFS under the
authority of the Magnuson-Stevens
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
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Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
Amendment 18B to the FMP
established a longline endorsement
program for the commercial golden
tilefish component of the snappergrouper fishery and allocated the
commercial golden tilefish annual catch
limit (ACL) between two gear groups, as
commercial quota: The longline and
hook-and-line components (78 FR
23858; April 23, 2013). On January 2,
2018, NMFS published a final
temporary rule to implement interim
measures to reduce overfishing of
golden tilefish in Federal waters of the
South Atlantic (83 FR 65). As a result
of the interim measures, the total ACL
for golden tilefish for the 2018 fishing
year is 323,000 lb (146,510 kg), gutted
weight, and the commercial ACL is
313,310 lb (142,115 kg), gutted weight.
The current commercial quota for the
2018 fishing year for the longline
component is 234,982 lb (106,586 kg),
gutted weight. The interim measures
implemented through the temporary
final rule are effective through July 1,
2018. NMFS is evaluating extension of
the interim measures for up to an
additional 186 days.
Under 50 CFR 622.193(a)(1)(ii), NMFS
is required to close the commercial
longline component for golden tilefish
when the longline component’s
commercial quota has been reached, or
is projected to be reached, by filing a
notification to that effect with the Office
of the Federal Register. After the
commercial quota for the longline
component is reached or projected to be
reached, golden tilefish may not be
commercially fished or possessed by a
vessel with a golden tilefish longline
endorsement. Based on projected
landings, NMFS has determined that the
commercial quota for the golden tilefish
longline component in the South
Atlantic will be reached on March 25,
2018. Accordingly, the commercial
longline component of South Atlantic
golden tilefish is closed effective 12:01
a.m., local time, March 25, 2018.
During the commercial longline
closure, golden tilefish may still be
harvested commercially using hookand-line gear. However, a vessel with a
golden tilefish longline endorsement is
not eligible to fish for or possess golden
tilefish using hook-and-line gear under
the hook-and-line commercial trip limit,
as specified in 50 CFR 622.191(a)(2)(ii).
The operator of a vessel with a valid
Federal commercial vessel permit for
South Atlantic snapper-grouper and a
valid commercial longline endorsement
for golden tilefish with golden tilefish
on board must have landed and
bartered, traded, or sold such golden
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
tilefish prior to 12:01 a.m., local time,
March 25, 2018. During the commercial
longline closure, the recreational bag
limit and possession limits specified in
50 CFR 622.187(b)(2)(iii) and (c)(1),
respectively, apply to all harvest or
possession of golden tilefish in or from
the South Atlantic EEZ by a vessel with
a golden tilefish longline endorsement.
The sale or purchase of longline-caught
golden tilefish taken from the EEZ is
prohibited during the commercial
longline closure. The prohibition on
sale or purchase does not apply to the
sale or purchase of longline-caught
golden tilefish that were harvested,
landed ashore, and sold prior to 12:01
a.m., local time, March 25, 2018, and
those that were held in cold storage by
a dealer or processor. Additionally, the
recreational bag and possession limits
and the sale and purchase provisions of
the commercial closure apply to a
person on board a vessel with a golden
tilefish longline endorsement, regardless
of whether the golden tilefish are
harvested in state or Federal waters, as
specified in 50 CFR 622.190(c)(1).
Classification
The Regional Administrator for the
NMFS Southeast Region has determined
this temporary rule is necessary for the
conservation and management of South
Atlantic golden tilefish and is consistent
with the Magnuson-Stevens Act and
other applicable laws.
This action is taken under 50 CFR
622.193(a)(1)(v) and is exempt from
review under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act, because the temporary rule is
issued without opportunity for prior
notice and comment.
This action responds to the best
scientific information available. The
Assistant Administrator for NOAA
Fisheries (AA) finds that the need to
immediately implement this action to
close the commercial longline
component for golden tilefish
constitutes good cause to waive the
requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), as such procedures for
this temporary rule would be
unnecessary and contrary to the public
interest. Such procedures are
unnecessary, because the regulations at
50 CFR 622.193(a)(1)(v) have already
been subject to notice and comment,
and all that remains is to notify the
public of the closure. Prior notice and
opportunity for public comment on this
action are contrary to the public
E:\FR\FM\21MRR1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Rules and Regulations]
[Pages 12275-12280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05588]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 91
[Docket No. FWS-HQ-MB-2015-0161; FXMB 12330900000//189//FF09M13200]
RIN 1018-BB23
Federal Migratory Bird Hunting and Conservation Stamp (Duck
Stamp) Contest Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is revising
regulations governing the annual Federal Migratory Bird Hunting and
Conservation Stamp (Duck Stamp) Contest, also known as the Federal Duck
Stamp Contest (Contest). We are updating our contact information,
updating the common and scientific names of species on our list of
Contest design subjects, correcting minor grammar errors, making
changes to recognize technological advances in stamp design and
printing, and instituting changes to design elements and judging
requirements specific to the 2018 Contest.
DATES: This rule is effective March 21, 2018.
ADDRESSES: You can view the 2018 Contest Artist Brochure by one of the
following methods:
Duck Stamp Contest and Event Information: https://www.fws.gov/birds/get-involved/duck-stamp/duck-stamp-contest-and-event-information.php.
Request a copy by contacting the person listed under FOR
FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Suzanne D. Fellows, Federal Duck Stamp
Office, U.S. Fish and Wildlife Service, Department of the Interior,
MS:MB, 5275 Leesburg Pike, Falls Church, VA 22041-3803; (703) 358-2145;
[email protected].
SUPPLEMENTARY INFORMATION:
Background
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 from the sale of
the stamp is used to buy or lease waterfowl habitat.
Since its enactment, the Federal Duck Stamp Program has become
internationally known as one of the most popular and successful
conservation programs ever initiated. Today, some 1.5 million stamps
are sold each year and, as of 2017, Federal Duck Stamps have generated
more than $1 billion for the preservation of approximately 6 million
acres of waterfowl habitat in the United States. Numerous other birds,
mammals, fish, reptiles, and amphibians have similarly prospered
because of habitat conservation made possible by the program. Many of
the Nation's endangered and threatened species find food or shelter on
refuges preserved by Duck Stamp funds. Moreover, protected wetlands
help dissipate storm water runoff, purify water supplies, store flood
water, and nourish fish hatchlings important for sport and commercial
fishermen.
The first Federal Duck Stamp was designed 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
Federal Duck Stamp Contest was opened in 1949 to any U.S. artist who
wished to enter. Regulations governing the Contest appear at 50 CFR
part 91.
To select each year's design, a panel of noted art, waterfowl, and
philatelic authorities is appointed by the Secretary of the Interior
(Secretary). Winners receive no compensation for their work except for
a pane of their stamps signed by the Secretary. However, artists
maintain the copyright to their artwork and may sell prints of their
designs, which are sought by hunters, conservationists, and art
collectors.
An annual rules brochure is published to announce the Contest and
provide artists with official entry forms, a list of five or fewer
eligible species that may be depicted, and instructions for submitting
entries. Any changes to
[[Page 12276]]
the Contest regulations must be completed by going through the formal
rulemaking process.
On February 11, 2016, we published a proposed rule (81 FR 7279) to
revise the Duck Stamp Contest regulations. At that time, we proposed to
update or correct contact information and other minor spelling or
grammar errors, as well as specify a new requirement to include a
second, appropriate, migratory bird species in the artwork design
beginning with the 2016 Contest. However, we chose not to go forward
with the proposed new Contest requirement.
On November 28, 2017, we published a revised proposed rule (82 FR
56201), which included further updates to the names of eligible
species, updates to recognize technological advances in stamp design
and printing, and a proposed requirement specific to the 2018 Contest.
For the 2018 Contest, this proposed change would require the inclusion
of waterfowl hunting-related accessories and/or themes in all qualified
2018 Contest entries; by portraying the theme ``celebrating our
waterfowl hunting heritage,'' we would recognize the role of hunters in
raising over $1 billion for waterfowl habitat conservation through the
sale of Duck Stamps. The revised proposed rule opened a 30-day public
comment period and invited comments on the proposed changes from
artists, stamp collectors, and other members of the public.
Summary of Public Comments and Responses
We received 60 comments on the November 28, 2017, proposed rule (82
FR 56201). Several commenters simply expressed disapproval or support
for the 2018 Contest rules. However, the majority had specific
comments, which are grouped under appropriate subject-matter headings
and addressed below.
Update to Eligible Species List
(1) Comment: One commenter thought that it was not necessary to
include the scientific names of eligible species.
Service Response: We provide both common and scientific names of
birds, as recognized by the American Ornithological Union, when
publishing rules and when discussing species in official documents.
This practice helps avoid confusion among readers who may use a
different colloquial name for the species. These changes will be
published in our final rule as proposed.
Proposed Requirements Specific to the 2018 Contest
(2) Comment: Several commenters indicated that they were in favor
of the requirement that the 2019-20 Duck Stamp reference the theme
``celebrating our waterfowl hunting heritage''. Many believed that it
was important and long over-due to recognize hunters' contributions to
conservation and the waterfowl hunting heritage.
Several other commenters expressed that they were against the
proposed change for the 2018 Contest. Most believed that the current
Contest regulations worked well to ensure that the best artwork is
selected each year for the Federal Duck Stamp. Several commenters
stated their belief that the Federal Duck Stamp already celebrates
hunting, as the inclusion of hunting-related accessories, hunters, and
hunting scenes are already permitted as part of the stamp design.
Several believed that making such inclusion mandatory would jeopardize
the stamp's appeal to non-hunters who are interested in purchasing the
stamp as a way of supporting conservation. Many of those against the
change for the 2018 Contest did not want the inclusion of hunting-
related items to detract from the primary waterfowl focus of the stamp.
Other commenters expressed no strong opinion on the proposed change
but were not supportive of a permanent change.
Service Response: We recognize that responses to the change
proposed for the 2018 Contest are mixed. However, we believe this one-
time change to recognize the contributions of hunters and hunting to
waterfowl conservation is appropriate and will not negatively impact
the Stamp or the Contest; therefore, we are making that proposal, which
is specific only to the 2018 Contest, final in this rule.
Inclusion of a Theme
(3) Comment: Two commenters urged that any changes to, or
requirements for, a theme be done only with careful consideration of
all aspects of the stamp program, artists, and purchasers of the stamp.
There were also suggestions that art changes be ``recommended'' rather
than mandatory. The suggestion was made that proposed themes should
have an intrinsic biological or conservation message. Several other
commenters expressed their opinion that an appropriate Contest theme
could bring increased exposure to the program, while other commenters
believed that the inclusion of an annual theme would make a poor
quality stamp and would not significantly improve the resulting design.
Several also suggested that the inclusion of objects (such as humans or
dogs) to satisfy the requirement of addressing the theme would detract
from the natural beauty of the depicted waterfowl.
Service Response: The concept of having a theme to the Contest is
not new. Previous themes have included ``Retrievers Save Game,''
``Wildlife Needs Water: Preserve Wetlands,'' ``Habitat Produces
Ducks,'' and ``Ducks for Recreation.'' Different themes have also been
used in marketing the annual stamp. The extent to which the 2019-20
theme and stamp increases exposure to the Federal Duck Stamp Program
will be contingent upon the ability of the Service and its partners to
share our message with traditional audiences and others.
Regarding the inclusion of objects in the stamps, there are several
examples of previous stamps that contain objects such as decoys, dogs,
and hunters that have made memorable stamps. The judges' mandate has
been, and will remain, that they choose the design that will best make
an attractive Federal Duck Stamp.
Hunter Recognition
(4) Comment: Several commenters approved of recognizing our hunting
heritage and applauded the Service for recognizing the huge financial
commitment hunters annually put toward wildlife conservation. Several
other commenters believed that the best way to keep support for ethical
hunting is to actively educate and show others that hunters also care
about wildlife and healthy ecosystems.
Service Response: The recognition of waterfowl hunters'
contributions to wildlife and habitat conservation will further the
Department of the Interior's priorities of hunter retention and
recruitment, and of increased sportsperson access on public lands. By
focusing on the long heritage of waterfowl hunting on the 2019-20
Federal Duck Stamp, we acknowledge the contributions of other hunters,
anglers, and shooters as conservationists.
Further, upon its conception in 1934, the proper name of the
Federal Duck Stamp was the ``Migratory Bird Hunting Stamp.'' The name
became ``Migratory Bird Hunting and Conservation Stamp'' with the 1977-
78 stamp to reflect the broader conservation aspects and primary goal
of the stamp. While the theme and inclusion of a hunting-related
accessory and/or scene will be mandatory in the 2019-20 Federal Duck
Stamp design, the central and dominant aspect is still a live portrayal
of one of the five eligible waterfowl species.
[[Page 12277]]
Raising Funds for Wildlife Habitat Conservation
(5) Comment: Commenters questioned whether the proposed change
would increase interest in the Duck Stamp Program and boost the annual
sale of stamps. Several believed that recognizing the contributions of
one group over others could be divisive, and the hunting theme could
alienate non-consumptive buyers, such as stamp collectors or those
expressing support for the National Wildlife Refuge System. Although
these discretionary purchasers obtain the stamp for reasons other than
``because it is mandatory,'' their contribution also goes to the
conservation of habitat. Lastly, several commenters mentioned the lack
of a solid marketing strategy for Duck Stamps and the need for a
marketing company to provide direction on boosting sales.
Service Response: The Federal Duck Stamp has been mandatory to hunt
waterfowl for the past 85 years, and has been incredibly successful in
conserving habitat for wildlife. By using the theme ``celebrating our
waterfowl hunting heritage'' on the 2019-20 stamp, we are recognizing
the conservation contributions (over $1 billion) made by millions of
waterfowl hunters over this period.
We appreciate those who voluntarily help fund wildlife habitat
conservation through their purchase of Federal Duck Stamps and will
continue to encourage non-consumptive wildlife resource users, stamp
collectors, and other conservationists to purchase Federal Duck Stamps
to support migratory bird habitat conservation. Over the past several
years, there has been a concerted effort to encourage purchase of the
stamp by birders and other conservationists. We hope that current non-
consumptive purchasers will recognize that hunting is part of the
tradition behind the Federal Duck Stamp and will continue to support
the conservation afforded by stamp sales. The inclusion of the
``celebrating our waterfowl hunting heritage'' theme provides the
opportunity to present information on the history and tradition of
waterfowl hunting in the United States. Lastly, comments regarding
marketing the Duck Stamp are beyond the scope of this rule.
Artist Issues
(6) Comment: Several artists said that they will not be able to
properly execute their designs between the time the rules are finalized
for 2018 and the Contest due date. Most artists expressed resentment of
changes that are not finalized more than 12 months ahead of the
beginning of the Contest year and would prefer that we provide final
Contest rules and each year's eligible species list at least 3 years
ahead of the annual Contest open date. Adding mandatory elements with
less than a year to research and gather reference materials, design,
and then execute their entries will prevent some artists from entering
the 2018 Contest.
Several commenters were upset with changing the waterfowl species
previously advertised as being eligible.
Several artists felt that the mandatory ``inclusion of a hunting
accessory'' would alienate or discourage many artists. By changing
hunting elements from optional to mandatory, several artists stated
that they will not enter the Contest on principle. Not all artists are
waterfowl hunters or are part of the hunting culture, so they expressed
the opinion that they would be at a severe disadvantage as to what
qualifies as a hunting accessory. It was suggested that ``hunting
accessories'' be kept as ``optional'' and the rules to read
``recommended but not mandatory.''
Service Response: We understand the artists' desire to have rules
available to them as early as possible and appreciate the amount of
preparation and research needed before artists can design and execute
their entries. Unfortunately, we are unable to provide final rules 12
to 36 months ahead of the relevant Contest date.
Regarding the eligible species list, the five ``tentative'' species
first listed for 2018, as advertised in September 2016, were not
considered the most appropriate species for depiction in a stamp
illustrating the proposed ``celebrating our waterfowl hunting
heritage'' theme. Five new species were selected for the 2018 Contest
and advertised in October 2017, well ahead of the publication of the
annual rules brochure. Reference materials for these five relatively
common, widespread waterfowl species are readily available to most
wildlife artists.
The change in species was advertised on our Duck Stamp website, as
well as communicated to individual artists who had participated in the
previous years' Contests and who had provided an active email address.
Future years' eligible species lists are considered and denoted as
``tentative'' until the publication of the annual Contest brochure
(usually in January).
It is not our intention to alienate potential Duck Stamp Contest
artists. We hope that the proposed theme will encourage both artists
and stamp purchasers to learn more about the rich tradition of
waterfowl hunting. Decoys and hunting dogs are among the examples of
elements that can be included to satisfy this requirement.
Artist Recognition
(7) Comment: To increase artist participation in the Contest,
several commenters suggested that small prizes such as ribbons or other
recognition items of low monetary value be awarded to Contest
finalists.
Service Response: We will consider recognizing all artists whose
entry successfully enters the final round of Contest judging. We may
provide a ribbon or other small recognition item. All artists who enter
the Contest will continue to receive a letter of appreciation from the
Duck Stamp Office with the return of their artwork.
Entry Fees and Entries
(8) Comment: Several artists suggested lowering the entry fee to
encourage additional artists to enter. Others believed that we should
limit the number of times a person can win to twice.
Service Response: At the current fee of $125 per entry,
approximately 500 entries would be needed to run the Contest entirely
from artist entry fees. Due to the costs associated with the Contest,
we do not anticipate lowering entry fees. We remain committed to
providing a prestigious, well-ordered Contest.
Regarding the limiting of entries, in the 85-year history of the
Program, there have been 60 different artists whose work has graced the
Federal Duck Stamp. Thirteen artists have illustrated two or more
stamps (36 of 70 open competitions). We do not anticipate changing the
number of times that an artist can participate in the Contest, but we
will continue to require winning artists to wait 3 years before
entering again.
Judging Requirement/Scoring Assessment for 2018 Contest
(9) Comment: Three commenters were in opposition to the following
proposed change: 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
accessories. The commenters believe that only the ``best art for the
stamp'' should be the basis for the judges' decision and further
believe that while the judging panel overall should have the necessary
qualifications, individual judge selection should not be limited by a
single restrictive requirement. One commenter expressed strong support
that the judges have an understanding
[[Page 12278]]
and appreciation for waterfowl hunting heritage.
Service Response: We will develop a slate of qualified nominees to
be judges that will be forwarded to the Secretary of the Interior, or
his designee, for concurrence. All potential judges will be deemed as
qualified if they have one or more of the following qualifications:
Recognized art credentials; knowledge of the anatomical makeup and the
natural habitat of the eligible waterfowl species; an understanding of
the wildlife sporting world in which the Duck Stamp is used; an
awareness of philately and the role the Duck Stamp plays in stamp
collecting; and demonstrated support for the conservation of waterfowl
and wetlands through active involvement in the conservation community.
Duck Stamp Collectors
(10) Comment: Comments from those self-identifying as Duck Stamp
collectors were mixed. Some believed that their collecting habits would
decrease if the traditional Duck Stamp design was radically altered,
while others believed that some variation from the standard design
could be well accepted.
Service Response: As purchasers of the Federal Duck Stamp,
collectors are valued customers and conservation partners. We do not
believe that the winning artwork will create a stamp that will be
radically different from historical stamps. We do not anticipate this
rule will greatly impact whether or not collectors will purchase the
2019-20 Duck Stamp.
Eligible Species and Other Themes
(11) Comment: Several people commented on the species list of
primary subjects eligible for selection each year, including a
suggestion to rotate winning species to the bottom of the eligible
species list since multiple stamps have featured the mallard, Canada
goose, and wood duck. Another commenter suggested it was time to update
the overall list from which each year's species are chosen, while one
suggested different stamps for different flyways or U.S. territories
might be a better way to increase funds for conservation.
Commenters also proposed several other themes with different
required elements. A suggestion was also made that to require an ``old-
style black-and-white'' version of the stamp for one year in order to
highlight the history of the stamp and the role of collectors.
Service Response: Five or fewer species of waterfowl are chosen to
be eligible for each year's Contest from a list of native North
American waterfowl species. Artists are instructed to choose at least
one of these eligible species as their dominant design feature.
Canvasback and mallard have each appeared on six Federal Duck Stamps,
wood duck on three. Twenty-four species have only been depicted once.
Many of these 24 have been among the 5 eligible species provided
annually as subjects and have been represented in the top three designs
for many Contests.
Regarding the comment about using different stamps in different
Flyways, while we agree that each Flyway may have preferred species for
a Federal Duck Stamp, the cost and time required to produce four annual
stamps would result in the loss of funds available for conservation.
Likewise, the purpose of this rule is not to develop alternate themes,
although we may consider some of these proposals in the future.
Carrier Design
(12) Comment: Several commenters indicated that providing
recognition of and information on hunter contributions to wildlife
conservation would be a positive thing for those who do not understand
or who oppose hunting. Suggestions were made to include the proposed
theme on the carrier or back of the stamp rather than as part of the
stamp design itself.
Service Response: The carrier of the stamp--the area around the
actual stamp on the pane of one, dollar-bill-size, pressure-sensitive
adhesive stamp--is created by the stamp designer with input from the
artist and the Federal Duck Stamp Office. It is the current practice of
the Duck Stamp Office to include educational and celebratory
information on the carrier of the stamp and on other products.
Depiction of Firearms
(13) Comment: Several commenters expressed negative opinions
regarding hunting, as well as the possible representation of firearms
as part of the stamp design.
Service Response: Issues regarding gun violence are beyond the
scope of this rule. Hunting is a recognized wildlife management tool,
and the Service supports the legal and ethical right of lawful hunters
to use firearms to hunt wildlife. The 2018 Contest entry may include
other appropriate items to fulfill the thematic requirement that a
waterfowl hunting-related accessory and/or scene be included in a 2018
contestant's design.
Summary of Changes From the November 28, 2017, Proposed Rule
This rule includes no significant changes based on public comments
to the proposed rule published on November 28, 2017 (82 FR 56201).
As an administrative update, this rule does newly specify the
delivery address of artwork submitted to the Contest at 50 CFR
91.16(b).
Amendments to Existing Regulations
This rule contains the following changes to the regulations:
We update contact information at Sec. Sec. 91.1(b),
91.11, and 91.16(b).
We update the common and scientific names and ordering of
eligible species listed at Sec. 91.4.
We set forth the 2018 Contest restriction on subject
matter for entries at Sec. 91.14(b).
We remove and reserve Sec. 91.15.
We set forth an additional judge qualification for the
2018 Contest at Sec. 91.21(b)(2).
We set forth language at Sec. 91.23(b) to reflect the
mandatory theme to be applied in the 2018 Contest.
Actions specific to the 2018 Contest will be valid only for the
2018 Contest; they will no longer be valid after September 16, 2018. We
will engage in rulemaking sometime after September 16, 2018, to remove
the requirements specific to the 2018 Contest from the regulations.
Required Determinations
For this final rule, we affirm the following required
determinations provided in our November 28, 2017, proposed rule (82 FR
56201):
Regulatory Flexibility Act (5 U.S.C. 601 et seq.); and
Executive Order (E.O.) 13771.
Further, for this final rule, we affirm the following required
determinations provided in our February 11, 2016, proposed rule (81 FR
7279):
Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 804(2));
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.);
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.);
National Environmental Policy Act (42 U.S.C. 4321 et
seq.); and
Executive Orders 12630, 12866, 12988, 13132, 13175, 13211,
and 13563.
List of Subjects in 50 CFR Part 91
Hunting, Wildlife.
Regulation Promulgation
For the reasons stated in the preamble, we amend 50 CFR part 91, as
set forth below:
[[Page 12279]]
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. 91.1(b) by revising the third sentence to read as
follows:
Sec. 91.1 Purpose of regulations.
* * * * *
(b) * * * These documents can also be downloaded from our website
at: https://www.fws.gov/birds/get-involved/duck-stamp.php.
* * * * *
0
3. Revise Sec. [thinsp]91.4 to read as follows:
Sec. [thinsp]91.4 Eligible species.
Five or fewer of the species listed below will be identified as
eligible each year; those eligible species will be provided to each
contestant with the information provided in Sec. 91.1.
(a) Whistling-Ducks. (1) Fulvous Whistling-Duck (Dendrocygna
bicolor).
(2) Black-bellied Whistling-Duck (Dendrocygna autumnalis).
(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).
(c) Swans. (1) Trumpeter Swan (Cygnus buccinator).
(2) Tundra Swan (Cygnus columbianus).
(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).
(e) Diving Ducks. (1) Canvasback (Aythya valisineria).
(2) Redhead (Aythya americana).
(3) Ring-necked Duck (Aythya collaris).
(4) Greater Scaup (Aythya marila).
(5) Lesser Scaup (Aythya affinis).
(f) Sea-Ducks. (1) Steller's Eider (Polysticta stelleri).
(2) Spectacled Eider (Somateria fischeri).
(3) King Eider (Somateria spectabilis).
(4) Common Eider (Somateria mollissima).
(5) Harlequin Duck (Histrionicus histrionicus).
(6) Surf Scoter (Melanitta perspicillata).
(7) White-winged Scoter (Melanitta fusca).
(8) Black Scoter (Melanitta americana).
(9) Long-tailed Duck (Clangula hyemalis).
(10) Bufflehead (Bucephala albeola).
(11) Common Goldeneye (Bucephala clangula).
(12) Barrow's Goldeneye (Bucephala islandica).
(g) Mergansers. (1) Hooded Merganser (Lophodytes cucullatus).
(2) Common Merganser (Mergus merganser).
(3) Red-breasted Merganser (Mergus serrator).
(h) Stiff Tails. (1) Ruddy Duck (Oxyura jamaicensis).
(2) [Reserved]
0
4. Revise Sec. 91.11 to read as follows:
Sec. 91.11 Contest opening date and entry deadline.
The contest officially opens on June 1 of each year. Entries must
be postmarked no later than midnight, August 15. For the latest
information on contest time and place as well as all deadlines, please
visit our website at https://www.fws.gov/birds/get-involved/duck-stamp.php or call (703) 358-2145.
0
5. Revise Sec. [thinsp]91.14 to read as follows:
Sec. [thinsp]91.14 Restrictions on subject matter for entry.
(a) General restrictions. 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) of this section, 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
waterfowl hunting heritage.''
Sec. [thinsp]91.15 [Removed and Reserved]
0
6. Remove and reserve Sec. [thinsp]91.15.
0
7. Revise Sec. 91.16(b) to read as follows:
Sec. 91.16 Submission procedures for entry.
* * * * *
(b) Each entry should be appropriately wrapped to protect the
artwork and then either hand-delivered or sent by registered mail,
certified mail, express mail, or overnight delivery service to: Federal
Duck Stamp Contest, U.S. Fish and Wildlife Service, MS: MB, 5275
Leesburg Pike, Falls Church, VA 22041.
0
8. In Sec. [thinsp]91.21, designate the text of paragraph (b) as
paragraph (b)(1) and add a heading for newly designated paragraph
(b)(1) and paragraph (b)(2) to read as follows:
Sec. [thinsp]91.21 Selection and qualification of contest judges.
* * * * *
(b) Qualifications--(1) General qualifications. * * *
(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
accessories.
* * * * *
0
9. Revise Sec. [thinsp]91.23 to read as follows:
Sec. [thinsp]91.23 Scoring criteria for contest.
(a) General criteria. Entries will be judged on the basis of
anatomical accuracy, artistic composition, and
[[Page 12280]]
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 waterfowl
hunting heritage.''
Dated: February 27, 2018.
Jason Larrabee,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks,
exercising the authority of the Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 2018-05588 Filed 3-20-18; 8:45 am]
BILLING CODE 4333-15-P
