[Federal Register Volume 62, Number 88 (Wednesday, May 7, 1997)]
[Rules and Regulations]
[Pages 24844-24845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11775]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR PART 91

RIN 1018-AE07


1977 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 1997 Migratory Bird Hunting 
and Conservation Stamp (Federal Duck Stamp) Contest. The amendments 
include the following changes: deadline September 15 for submitting 
entry; setting uniformity for design to mat the entry over only; and 
entry must be contestant's original ``hand drawn'' creation.

EFFECTIVE DATE: The rule is effective July 1, 1997, the beginning of 
the 1997-98 contest.

ADDRESSES: Manager of Licensing, Federal Duck Stamp Contest, U.S. Fish 
and Wildlife Service, Department of the Interior, 1849 C Street, N.W., 
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 January 30, 1997 (62 FR 4516).
    The Federal Duck Stamp Contest (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 on 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:

1997-98 Federal Duck Stamp Contest--November 4-6, 1997
Public Viewing--Tuesday, November 4 from 10:00 a.m. to 2:00 p.m.
Judging--Wednesday, November 5 at 10:30 a.m. through Thursday, November 
6 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 three eligible species for the Contest: (1) Barrow's 
Goldeneye; (2) Black Scoter; and (3) Mottled Duck.
    As part of an effort to administer and make minor improvements to 
the Contest, the Service makes the following changes to this year's 
contest:
    1. Persons entering the 1997 Contest may submit entries anytime 
after July 1, but all entries must be postmarked no later than midnight 
Monday, September 15, 1997.
    2. The Service requires that each entry must be matted (over only) 
with a 9 x 12 inch white mat, 1 inch wide, and the entire entry cannot 
exceed \1/4\ inch in total thickness. This new format is a requirement 
to secure the artwork from being damaged and sets uniformity for 
exhibiting at various museums across the country.
    3. The Service clarifies that the identified species must be the 
dominant feature of the design. The design must be the contestant's 
original ``hand drawn'' creation. The design may not be copied or 
duplicated from previously published art, including photographs. 
Photographs, computer-generated art, art produced from a computer 
printer or other computer' mechanical output device (air brush method 
excepted) are ineligible and will be disqualified.
    The contest deadline was reestablished for submitting entry to

[[Page 24845]]

allow participants additional time to research the anatomy of eligible 
species since many species are located in many diverse geographical 
regions and may require more investigation and perfection of the 
artwork. The Service clarifies that other living creatures, scenes and 
designs may be part of the design as long as the identified species are 
the dominant feature.

Analysis of Public Comment

    The Service received 12 comments via Internet Website and 2 written 
comments from artists requesting reconsideration for submission of 
computer-generated art to the contest. Many disagreed with the 
Service's proposed change that the participant's original design should 
be ``hand drawn.'' The respondents were in agreement that the computer 
is a form of medium and the artist should be able to choose any medium 
to paint the art. They further stated that the computer is an art tool, 
the same concept of using airbrush and pencil, and is a new and 
creative way of painting. The respondents feel that digital paintings 
are original and as dependent on the talents and skills of the artists 
as any traditionally rendered painting. If computer technology can be 
used to save a duck through migration studies, surgical procedures, oil 
spill clean ups, the respondents questioned why can't it be used as a 
tool to draw a duck. Many artists today are using computers for drawing 
and painting; and it is possible to create ''art drawn by hand'' by 
using a pressure-sensitive digital tablet, but the computer paintings 
must be sent to a mechanical device to be printed. By using this 
method, artists have to make each stroke by hand on the digital tablet. 
It was suggested that if we want to consider making changes, we should 
say ``no to manipulated photographs'' or request proof of originality 
of the art required of all entries.

Service Response

    The Service considered all of the comments, but the Federal Duck 
Stamp Program's intent is to keep the art competition as the 
traditional American art form that it is and has been for over 48 
years. The Service feels the history, tradition, and beauty of this 
unique art form should be maintained by requiring art entries to be 
``original'' hand created in the traditional ``hand painted'' manner 
that artist have been submitting for 48 years.
    The Federal Duck Stamp Office acknowledges that the computer is a 
creative tool. However, computer art has the potential for fraud and 
plagiarism and also puts an undue burden on the artists and judges for 
assuring the originality of the work. It almost would be impossible to 
prove that ``printed'' entries are original art, since through the 
Internet, computer users can download prints from almost any source.
    It is, therefore, the Government's decision to disallow any work or 
creation that is generated by computer or other mechanical means that 
are not ``hand drawn.''
    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.

List of Subjects in 50 CFR 91

    Hunting, Wildlife.

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

PART 91--[AMENDED]

    2. 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, September 
15.
    3. Section 91.13 is revised to read as follows:


Sec. 91.13  Technical requirements for design and submission of entry.

    The design must be a horizontal drawing or painting seven (7) 
inches high and ten (10) inches wide. The entry may be drawn in any 
medium desired by the contestant and may be in either multicolor or 
black and white. No scrollwork, lettering, bird band numbers, 
signatures or initials may appear on the design. Each entry must be 
matted (over only) with a nine (9) inch by twelve (12) inch white mat, 
one (1) inch wide, and the entire entry cannot exceed one quarter (\1/
4\) inch in total thickness. Entries must not be framed, under glass, 
or have a protective covering that is attached to the entry.
    4. Section 91.14 is revised to read as follows:


Sec. 91.14  Restrictions on subject matter to 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 ``hand drawn'' creation. The entry design may not 
be copied or duplicated from previously published art, including 
photographs. Photographs, computer-generated art, 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 the Federal or a state stamp design may be submitted 
in the current contest if it meets the above criteria.

    Dated: April 20, 1997.
Dan Barry,
Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97-11775 Filed 5-6-97; 8:45 am]
BILLING CODE 4310-55-M