[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Rules and Regulations]
[Pages 25154-25156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12569]



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[[Page 25155]]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 91

RIN 1018-AD71


Migratory Bird Hunting and Conservation Stamp (Federal Duck 
Stamp) Contest

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service) revises the 
regulations governing the conduct of the annual Migratory Bird Hunting 
and Conservation Stamp (Federal Duck Stamp) Contest. The amendments 
include the following changes: correct the common and Latin name of 
American Green-winged Teal; deadline August 30 for submitting entry; 
entrant must be 18 years of age by July 1 to participate in contest; 
entry fee increased to $100.00; other living creatures, hunting scenes 
may be part of the design; Interior liability limited to amount of 
entry fee; third round of voting, judges indicate numerical score from 
3 to 5 for each entry; and for tie vote use same method as round three.

EFFECTIVE DATE: The rule is effective July 1, 1996, the beginning of 
the 1996-97 contest.

ADDRESSES: Manager of Licensing, Federal Duck Stamp Contest, U.S. Fish 
and Wildlife Service, Department of the Interior, 1849 C Street, NW, 
Suite 2058, Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT:
Mrs. Lita F. Edwards, (202) 208-4354.

SUPPLEMENTARY INFORMATION: The Service published the proposed rule to 
amend these regulations on March 14, 1996 (61 FR 10557).
    The Federal Duck Stamp Contest is the only Federal agency-run art 
contest and has been in existence since 1949 with the 1950 stamp the 
first to be selected in open competition. The Federal Duck Stamp's main 
use is a revenue stamp needed by waterfowl hunters. This year's Contest 
and species information follows:
    1. Contest schedule:

1996-97 Federal Duck Stamp Contest--October 15-17, 1996
Public viewing--Tuesday, October 15 from 10:00 a.m. to 2:00 p.m.
Judging--Wednesday, October 16 at 10:30 a.m. through Thursday, October 
17 at 9:00 a.m.

    2. The Contest will be held at the Department of the Interior 
building, Auditorium (C Street entrance), 1849 C Street, NW, 
Washington, DC.
    3. The five eligible species for the Contest: (1) Black Duck; (2) 
Canada Goose; (3) Greater Scaup; (4) American Green-winged Teal; and 
(5) Northern Pintail.
    As part of an effort to keep pace with the cost of administering 
and making minor improvements to the Contest, the Service makes the 
following changes to this year's contest:
    1. The Service corrects the common and Latin name of American 
Green-winged Teal.
    2. Persons wishing to enter this year's Contest may submit entries 
anytime after July 1, but all entries must be postmarked no later than 
midnight Friday, August 30, 1996.
    3. The Service increases the fee for art contest entrants to 
$100.00. Contest expenses have escalated each year and this increase 
will defray Service expenses in administering the Contest.
    4. The Service requires that all entrants must be 18 years of age 
as of July 1 to participate in the Contest, as 18 is considered the 
general age of majority by most jurisdictions.
    5. The Service clarifies that other living creatures, scenes, 
designs may be part of the design as long as living migratory birds are 
the dominant feature.
    6. Each contestant is responsible for obtaining adequate insurance 
coverage for his/her entry. The Department of the Interior is not 
responsible for loss or damage unless it is caused by its negligence, 
or willful misconduct and the amount will not exceed the amount of the 
entry fee.
    7. The Service modifies contest procedures for the third round of 
judging to allow more consistent scores.
    8. In case of a tie vote, judges will use the same process in 
voting as in the third round to ensure consistency in scoring.
    This regulation was not subject to Office of Management and Budget 
review under Executive Order 12866. These final regulations have been 
examined under the Paperwork Reduction Act of 1995 and have been found 
to contain no information collection requirements. The Department of 
the Interior has determined that this regulation will not have 
significant economic effect on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) as the 
changes/revisions to the Contest will affect individuals not businesses 
or other small entities as defined in the Act. The Service received 
1,038 entries for the past 2 years. The fee increase to $100.00 per 
entrant from $50.00 per entrant represents a $50.00 total increase per 
entrant. The 2 year average of entries received is 519. If those 
figures remain constant, then approximately $25,000.00 is the estimated 
annual increase to the public to participate in the program.
    The Service has determined and certifies pursuant to the Unfunded 
Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not 
impose a cost of $100 million or more in any given year on local or 
State governments or private entities.

Analysis of Public Comment

    The Service received no comments from the public on the changes to 
the regulations.

List of Subjects in 50 CFR Part 91

    Hunting, Wildlife.

    Accordingly, Title 50, Part 91 of the Code of Federal Regulations 
is amended as follows:

PART 91--[AMENDED]

    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. Section 91.4 is amended by revising paragraph (e)(4) to read as 
follows:


Sec. 91.4  Eligible species.

* * * * *
    (e) * * *
    (4) American Green-winged Teal (Anas crecca carolinensis)
* * * * *
    3. Section 91.11 is amended by revising paragraph (b) to read as 
follows:


Sec. 91.11  Contest deadlines.

* * * * *
    (b) Entries must be postmarked no later than midnight of August 30.
    4. Section 91.12 is revised to read as follows:


Sec. 91.12  Contest eligibility.

    United States citizens, nationals, or resident aliens are eligible 
to participate in the contest. Any person who has won the contest 
during the preceding three years will be ineligible to submit an entry 
in the current year's contest. All entrants must be 18 years of age as 
of July 1 to participate in the Federal Duck Stamp Contest. Contest 
judges and their relatives are ineligible to submit an entry. All 
entrants must submit a non-refundable fee of $100.00 by a cashiers 
check, certified check, or money order made payable to: U.S. Fish and 
Wildlife Service. (Personal checks will not be accepted.) All entrants 
must submit signed Reproduction Rights and Display and Participation 
Agreements.

[[Page 25156]]

    5. Section 91.14 is revised to read as follows:


Sec. 91.14  Restrictions on subject matter of entry.

    A live portrayal of any bird(s) of the five or fewer identified 
eligible species must be the dominant feature of the design. The design 
may depict more than one of the eligible species. Designs may include, 
but are not limited to, hunting dogs, hunting scenes, use of waterfowl 
decoys, National Wildlife Refuges as the background of habitat scenes, 
and other designs that depict the sporting, conservation, stamp 
collecting and other uses of the stamp. The overall mandate will be 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 creation and may not be copied or duplicated from 
previously published art, including photographs. An entry submitted in 
a prior contest that was not selected for the Federal or a state stamp 
design may be submitted in the current contest if it meets the above 
criteria.
    6. Section 91.17 is revised to read as follows:


Sec. 91.17  Property insurance for entries.

    Each contestant is responsible for obtaining adequate insurance 
coverage for his/her entry. The Department of the Interior will not 
insure the entries it receives nor is it responsible for loss or damage 
unless it is caused by its negligence or willful misconduct. In any 
event, the liability of the Department of the Interior will not exceed 
the amount of the entry fee as specified in Sec. 91.12.
    7. Section 91.24 is amended by revising paragraphs (h) and (i) to 
read as follows:


Sec. 91.24  Contest procedures.

* * * * *
    (h) In the third round of judging, the judges will vote on the 
remaining entries using the same method as in round two, except they 
would indicate a numerical score from 3 to 5 for each entry. The 
Contest Coordinator will tabulate the final votes and present them to 
the Director, U.S. Fish and Wildlife Service, who will announce the 
winning entry as well as the entries that placed second and third.
    (i) In case of a tie vote for first, second, or third place in the 
third round, the judges will vote again on the entries that are tied. 
The judges will vote using the same method as in round three.
* * * * *
    Dated: April 25, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-12569 Filed 5-17-96; 8:45 am]
BILLING CODE 4310-55-M