[Federal Register Volume 71, Number 132 (Tuesday, July 11, 2006)]
[Rules and Regulations]
[Pages 39011-39015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10776]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 91

RIN 1018-AU56


Revision of Federal Migratory Bird Hunting and Conservation Stamp 
(Duck Stamp) Contest Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the Fish and Wildlife Service (Service, or we), revise the 
regulations governing the annual Migratory Bird Hunting and 
Conservation Stamp Contest [also known as the Federal Duck Stamp

[[Page 39012]]

Contest (contest)]. Our amendments raise the contest entry fee by $25, 
to $125; update contest opening and entry deadline dates, locations, 
and mail and Internet site information; specify penalties for 
contestants who contact judges or copy designs from the Internet; 
relieve restrictions on our ability to announce judges' names; clarify 
ambiguous language in our regulations concerning matting of entries and 
minimum age of entrants; and update or correct technical advising for 
the contest, the common names and spelling of species on our list of 
contest design subjects, and minor grammar errors.

DATES: This rule is effective on September 18, 2006.

FOR FURTHER INFORMATION CONTACT: Patricia Fisher, Chief, Federal Duck 
Stamp Office, (703) 358-2000 (phone), [email protected] (e-mail), or 
(703) 358-2009 (fax).

SUPPLEMENTARY INFORMATION: We revise the regulations governing the 
annual Migratory Bird Hunting and Conservation Stamp Contest [also 
known as the Federal Duck Stamp Contest (contest)]. Our amendments 
raise the contest entry fee by $25, to $125, and update contest opening 
and entry deadline dates, locations, and mail and Internet site 
information, so that our regulations are brought up to date with our 
current and new practices. They also specify penalties for contestants 
who contact judges or copy designs from the Internet; relieve 
restrictions on our ability to announce judges' names; clarify 
ambiguous language in our regulations concerning matting of entries and 
minimum age of entrants; and update or correct contest technical 
advisor information, the treatment and spelling of species' common 
names on our contest design subject list, and minor grammar errors. We 
do not believe the changes have much impact on the body of the 
regulations, and, except for the plagiarism penalty, the increase in 
the entry fee, and the penalty for contacting judges, they relieve 
restrictions on the public, clarify existing and new practices, or make 
corrections.

Background

    For the history of the Federal Duck Stamp Program and the contest, 
please see our proposed rule, which published in the Federal Register 
on April 12, 2006 (71 FR 18697).

Comments on and Change From the Proposed Rule

    On April 12, 2006, we published our proposed rule (71 FR 18697) in 
the Federal Register and requested public comment. We received two 
comments on the proposed rule. The first commenter vehemently objected 
to the use of taxpayer dollars to support the duck stamp program. We 
have made no changes to the final rule in response to this comment. The 
second commenter supported our updates, but asked for greater clarity 
in our species list at Sec.  91.4 regarding the Canada goose. Since the 
AOU has split the cackling goose into a separate species from the 
Canada goose, we are responding to the second commenter by amending our 
list at Sec.  91.4 to add Cackling goose (Branta hutchinsii) as a 
separate species from Canada goose (Branta canadensis).

Changes to the Regulations at 50 CFR Part 91

    We are making all the changes detailed in our proposed rule (71 FR 
18697), plus the one additional change described above. The changes 
affect the regulations governing the contest, at 50 CFR part 91. Our 
amendments raise the entry fee from $100 to $125, to help offset the 
rising cost of administering the contest, update the contest 
regulations concerning opening and entry deadline dates, making the new 
dates earlier than the ones currently specified in part 91, and specify 
penalties for contestants who contact judges. Our revisions also remove 
a restriction governing our ability to announce names of judges. To 
update our regulations to reflect the ascendance of Internet 
technology, we also now expressly prohibit contestants from copying 
designs from the Internet. Although in the past we have held the 
contest solely in Washington, DC, from 2005 on, we have held and plan 
to continue to hold the contest in a different U.S. location each year. 
Therefore, we update contest location information. These changes also 
clarify ambiguous language in our regulations concerning matting of 
entries and minimum age of entrants. These amendments also update 
Service mail and Internet site information; update the common names and 
spellings of species on our list of potential contest design subjects; 
update the regulations to reflect a change in technical advising for 
the contest; and correct minor grammar errors.

Service Mailing Addresses; Location of Contest

    We correct the address of the Duck Stamp Office as it appears at 
Sec.  91.1(b) and Sec.  91.16(b), because the office is no longer in 
Washington, DC, but is now located in Arlington, VA.
    The current regulations at Sec.  91.22 reflect the long tradition 
of the contest being held in Washington, DC, at the Main Interior 
Building auditorium. However, the 2006 contest is the second contest to 
take place outside of Washington, DC. We plan to hold future contests 
in various U.S. locations corresponding to flyways. Therefore, we are 
removing the sentence from Sec.  91.22 that states that the contest is 
held in the Main Interior Building auditorium. Holding the contest in 
various geographic locations will help attract more attention to the 
program, hopefully increasing the number of contest entries and giving 
a greater number of people throughout the United States access to the 
contest. The overall goal is to increase duck stamp sales to gain 
additional funds with which to purchase waterfowl habitat. The 2005 
contest was the first contest ever held outside Washington, DC, and 
took place at the Memphis College of Arts, in Memphis, TN. The 2006 
contest is also in Memphis, at the same location.

Updating Species' Common Names or Spellings

    Section 91.4 contains our list of eligible species. For each year's 
contest, we choose five or fewer species from the list; one or more of 
those species (or a combination thereof; see Sec.  91.14) are the only 
acceptable subjects for entries during that contest year. We announce 
each year's eligible species in a Federal Register notice, as well as 
in other materials we prepare and make available. Our list in Sec.  
91.4 contains scientific and common names accepted by the American 
Ornithologists' Union (AOU; http://www.aou.org/; see also the AOU 
Check-list at http://www.aou.org/checklist/birdlist46.pdf; this check-
list is our standard reference on taxonomy, nomenclature, and 
capitalization). Since we first wrote our regulations, the AOU has 
changed the common name for the species Clangula hyemalis, from 
``Oldsquaw'' to ``Long-tailed Duck.'' For Snow Goose (Chen 
caerulescens), we add the clarification that both ``white'' and 
``blue'' morphs are on the list in Sec.  91.4. We also add Cackling 
goose (Branta hutchinsii) as a separate species from Canada goose 
(Branta canadensis) (see ``Comments on and Change from the Proposed 
Rule''). We make these changes, along with spelling corrections of some 
other names, to our list in Sec.  91.4 so that this list will reflect 
the most current scientific and common names.

Contest Opening and Entry Deadline Dates

    We are correcting Sec.  91.11 of the regulations to bring the dates 
of the

[[Page 39013]]

contest into alignment with current practices. The contest is now being 
held in early fall. Therefore, we now open the contest and start 
accepting entries on June 1 of each year, instead of July 1, as 
currently specified in the regulations. If you wish to enter a design 
in the contest, you must postmark your packaged entry no later than 
midnight on August 15. The current regulations give this deadline as 
September 15, but it is no longer correct.
    When we first wrote our regulations and codified them in the Code 
of Federal Regulations (CFR), the Internet was not as widely used as it 
is today. Therefore, we are taking this opportunity to add to Sec.  
91.11(c) that you can obtain the most up-to-date contest information by 
viewing the Web site http://www.fws.gov/duckstamps or by calling (703) 
358-2000.

Increase in Contest Entry Fee; Clarification of Minimum Age of Entrants

    We propose to raise the contest entry fee from $100 to $125 (Sec.  
91.12), to help offset the rising cost of administering the contest. 
This modest increase is our first since 1996. It will help us continue 
to improve the contest. We also propose to change the language 
specifying minimum age of contest entrants so that the minimum age will 
remain 18 no matter when the contest begins.

Clarification of Entry Format Requirements

    We are revising our regulations concerning contest entry format to 
more specifically guide entrants on proper matting procedures. In the 
past, some entrants have used glue to affix matting to their pictures, 
or have used other incorrect practices. You must not permanently affix 
matting to your picture, because if you later sell your picture, 
someone who has bought it might want to put it in another mat for 
framing. However, it is best to present your entry for the contest with 
matting affixed to the front of it, because judges will be judging your 
entry as it appears with matting--i.e., the judges do not look at any 
part of the painting that may lie beneath the matting. We are revising 
our regulations at Sec.  91.13 to say that you must affix matting to 
your picture with white or clear tape that can be removed later.

Preventing Internet Plagiarism; Including Noneligible Species in 
Designs

    Existing Sec.  91.14 specifies that ``an entry design may not be 
copied or duplicated from previously published art, including 
photographs.'' We now update this section to add that an entry design 
may not be copied or duplicated from images in any format on the 
Internet. This section also explains that a live portrayal of any 
bird(s) of the five or fewer identified eligible species must be the 
dominant feature of the design, but that the design may depict other 
appropriate things such as hunting dogs, as long as the eligible bird 
or birds are in the foreground and center of attention. We now add to 
this section that appropriate noneligible bird species are also allowed 
to appear in the background of the design. We have been verbally 
advising entrants that noneligible bird species are allowed in the 
background of designs; therefore, we simply want to codify the practice 
we have been following.

Penalties for Contestants Who Contact Judges; Broadening the Judge 
Selection Process

    We are amending Sec.  91.21 to add penalties for contestants who 
contact judges before or during the contest. The penalty will be 
disqualification from that year's contest. Also, that person will be 
prohibited from entering the following three (3) contests. Thus, the 
person would be prohibited from entering a total of four (4) contests. 
In this same section, we are removing a restriction governing our 
selection of judges by removing from Sec.  91.21(a) the stipulation 
that we will announce judges' names on the first day of the contest. 
This change allows us to announce our judges prior to the start of each 
year's contest, rather than waiting until the contest actually starts, 
and thereby allows us to publicize the contest more widely.

Technical Advising for the Contest

    In our current regulations at Sec.  91.24, we state that the Bureau 
of Engraving and Printing analyzes contest finalists' entries and 
advises us of any serious anatomical problems or design problems from 
the perspective of an engraver. However, since we wrote those 
regulations, the Bureau of Engraving and Printing has ceased production 
of stamps. Therefore, we are revising Sec.  91.24 to note that our 
technical advisor is now the U.S. Postal Service.

Required Determinations

Regulatory Planning and Review (E.O. 12866)

    This document is not a significant rule and is not subject to 
review by the Office of Management and Budget under Executive Order 
(E.O.) 12866.
    1. This rule will not have an annual effect of $100 million or more 
on the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities.
    2. This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. The rule 
deals solely with the contest. No other Federal agency has any role in 
regulating this endeavor.
    3. This rule does not alter budgetary effects or entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. There are no entitlements, grants, user fees, or loan 
programs associated with the regulation of the contest.
    4. This rule does not raise novel legal or policy issues. This rule 
is primarily a reorganization and clarification of existing 
regulations. New provisions proposed in the rule are in compliance with 
other laws, policies, and regulations.

Regulatory Flexibility Act

    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.). The changes are intended primarily to clarify the requirements 
for the contest. In addition, these changes do not affect the 
information collected. These changes will affect individuals, not 
businesses or other small entities as defined in the RFA. The fee 
increase to $125 per entrant from $100 per entrant represents a $25.00 
total increase per entrant. In recent years we have received an average 
of 250 entries per year. If this average remains constant, then 
approximately $6,250.00 is the estimated annual increase to the public 
to participate in the program.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    1. Does not have an annual effect on the economy of $100 million or 
more.
    2. Will not cause a major increase in costs or prices for 
consumers; individual industries; Federal, State, or local government 
agencies; or geographic regions.
    3. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

[[Page 39014]]

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or tribal governments or the private sector. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is not required.

Takings (E.O. 12630)

    In accordance with E.O. 12630, this rule does not have significant 
takings implications. A takings implication assessment is not required.

Federalism (E.O. 13132)

    In accordance with E.O. 13132, this rule does not have sufficient 
Federalism implications to warrant the preparation of a Federalism 
Assessment. A Federalism Assessment is not required.

Civil Justice Reform (E.O. 12988)

    In accordance with E.O. 12988, the Office of the Solicitor has 
determined that this rule does not unduly burden the judicial system 
and that it meets the requirements of sections 3(a) and 3(b)(2) of the 
Order.

Paperwork Reduction Act

    This rule does not contain new or revised information collections 
for which Office of Management and Budget approval is required under 
the Paperwork Reduction Act. An agency may not conduct or sponsor and a 
person is not required to respond to a collection of information unless 
it displays a currently valid OMB control number.

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 (42 U.S.C. 4371 et 
seq.) is therefore not required.

Government-to-Government Relationship With Tribes

    Under the President's memorandum of April 29, 1994, ``Government-
to-Government Relations with Native American Tribal Governments'' (59 
FR 22951), and 512 DM 2, we have evaluated possible effects on 
federally recognized Indian Tribes and have determined that there are 
no effects.

Energy Supply, Distribution or Use

    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, and 
use. Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. This rule proposes to 
revise the current regulations in 50 CFR part 91 that govern the 
contest. This rule is not expected to significantly affect energy 
supplies, distribution, and use. Therefore, this action is a not a 
significant energy action and no Statement of Energy Effects is 
required.

List of Subjects in 50 CFR Part 91

    Hunting, Wildlife.

Regulation Promulgation

0
Accordingly, we amend part 91, subchapter G of chapter I, title 50 of 
the Code of Federal Regulations, as follows:

PART 91--[AMENDED]

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 second sentence and adding a 
third sentence to read as follows:


Sec.  91.1  Purpose of regulations.

* * * * *
    (b) * * * A copy of the regulations, along with the Reproduction 
Rights Agreement and Display and Participation Agreement, may be 
requested from the Federal Duck Stamp Office, U.S. Fish and Wildlife 
Service, 4401 N. Fairfax Dr. MBSP-4070, Arlington, VA 22203-1622. These 
documents can also be downloaded from our Web site: http://www.fws.gov/duckstamps/.
* * * * *

0
3. Amend Sec.  91.2 by revising the definition of ``Display and 
participation agreement'' to read as follows:


Sec.  91.2  Definitions.

* * * * *
    Display and participation agreement--a document that each 
contestant must complete, sign, and submit with the entry. The signed 
agreement allows the Service to display the entry at various locations 
for promotional purposes, and requires the artist to participate in 
events on behalf of the Federal Duck Stamp Program.
* * * * *

0
4. Revise Sec.  91.4 to read as follows:


Sec.  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) Swans. (1) Trumpeter Swan (Cygnus buccinator)
(2) Tundra Swan (Cygnus columbianus)
(c) Geese. (1) Greater White-fronted Goose (Anser albifrons)
(2) Snow Goose (including ``white'' and ``blue'' morphs) (Chen 
caerulescens)
(3) Ross's Goose (Chen rossii)
(4) Emperor Goose (Chen canagica)
(5) Canada Goose (Branta canadensis)
(6) Cackling Goose (Branta hutchinsii)
(d) Brant. (1) Brant (Branta bernicla)
(e) Dabbling Ducks. (1) Wood Duck (Aix sponsa)
(2) American Wigeon (Anas americana)
(3) Gadwall (Anas strepera)
(4) American Green-winged Teal (Anas crecca carolinensis)
(5) Mallard (Anas platyrhynchos)
(6) Mottled Duck (Anas fulvigula)
(7) American Black Duck (Anas rubripes)
(8) Northern Pintail (Anas acuta)
(9) Blue-winged Teal (Anas discors)
(10) Cinnamon Teal (Anas cyanoptera)
(11) Northern Shoveler (Anas clypeata)
(f) 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)
(g) Sea-Ducks. (1) Common Eider (Somateria mollissima)
(2) King Eider (Somateria spectabilis)
(3) Spectacled Eider (Somateria fischeri)
(4) Steller's Eider (Polysticta stelleri)
(5) Harlequin Duck (Histrionicus histrionicus)
(6) Long-tailed Duck (Clangula hyemalis)
(7) Black Scoter (Melanitta nigra)
(8) Surf Scoter (Melanitta perspicillata)
(9) White-winged Scoter (Melanitta fusca)
(10) Bufflehead (Bucephala albeola)
(11) Barrow's Goldeneye (Bucephala islandica)
(12) Common Goldeneye (Bucephala clangula)
(h) Mergansers. (1) Hooded Merganser (Lophodytes cucullatus)
(2) Red-breasted Merganser (Mergus serrator)
(3) Common Merganser (Mergus merganser)
(i) Stiff Tails. (1) Ruddy Duck (Oxyura jamaicensis)


0
5. Revise Sec.  91.11 to read as follows:

[[Page 39015]]

Sec.  91.11  Contest opening date and entry deadline.

    The contest will officially open 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 Web site at www.fws.gov/duckstamps or call (703) 358-2000.
0
6. Revise Sec.  91.12 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 3 years will be ineligible to submit an entry in 
the current year's contest. All entrants must be at least 18 years of 
age by the contest opening date (see Sec.  91.11) to participate in the 
contest. Contest judges and their relatives are ineligible to submit an 
entry. All entrants must submit a nonrefundable fee of $125.00 by 
cashier's 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 a signed Reproduction Rights Agreement and a 
signed Display and Participation Agreement.

0
7. Revise Sec.  91.13 to read as follows:


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

    The design must be a horizontal drawing or painting 7 inches high 
and 10 inches wide. The entry may be drawn in any medium desired by the 
contestant and may be either multicolored or black and white. No 
scrollwork, lettering, bird band numbers, signatures or initials may 
appear on the design. Each entry must be matted (on the front only) 
with a 9 inch by 12 inch white mat, 1 inch wide. The matting must be 
affixed with clear or white tape holding the matting to the picture. 
Entries must not be framed, or under glass, or have any protective 
covering (other than the matting) attached to them. The entire entry 
cannot exceed \1/4\ inch in total thickness.

0
8. Revise Sec.  91.14 to read as follows:


Sec.  91.14  Restrictions on subject matter for 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, 
noneligible species, or other designs that depict uses of the stamp for 
sporting, conservation, and collecting purposes. 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, 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 above criteria.

0
9. 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 the 
address in Sec.  91.1(b) of this part.

0
10. Revise Sec.  91.17 to read as follows:


Sec.  91.17  Property insurance for contest entries.

    Each contestant is responsible for obtaining adequate insurance 
coverage for his/her entry. Neither the Service nor the Department of 
the Interior will insure the entries, nor is the Service or Department 
responsible for loss or damage unless such is caused by Service or 
Department negligence or willful misconduct. The Service and Department 
reserve the right to determine whether negligence or willful misconduct 
led to artwork being damaged. Entry fees for the subsequent year's 
contest may be waived for artists whose artwork we determine to be 
damaged by any negligence on our part. This waiver remains at our 
discretion.

0
11. Amend Sec.  91.21 by removing the final sentence from paragraph (a) 
and adding a new paragraph (c), to read as follows:


Sec.  91.21  Selection and qualification of contest judges.

* * * * *
    (c) Disqualification. Any contestant who contacts a judge prior to 
or during the contest will automatically be disqualified from the 
current year's contest and barred from entering the three contests that 
come after the current year's contest.

0
12. Revise Sec.  91.22 to read as follows:


Sec.  91.22  Display of contest entries.

    The Federal Duck Stamp Office assigns all eligible entries a number 
as entries are received. That office displays the entries in numerical 
order at the contest site.

0
13. Amend Sec.  91.24(f) by removing the words ``Bureau of Engraving 
and Printing'' and adding the words ``U.S. Postal Service'' in their 
place.

    Dated: June 28, 2006.
Matt Hogan,
Acting Assistant Secretary for Fish and Wildlife and Parks.
 [FR Doc. E6-10776 Filed 7-10-06; 8:45 am]
BILLING CODE 4310-55-P