[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Proposed Rules]
[Pages 56201-56204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25661]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 91

[Docket No. FWS-HQ-MB-2015-0161; FXMB12330900000//189//FF09M13200]
RIN 1018-BB23


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Revised proposed rule; request for comments.

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SUMMARY: We, the Fish and Wildlife Service (Service), are revising our 
previous proposal to revise regulations governing the annual Migratory 
Bird Hunting and Conservation Stamp Contest (also known as the Federal 
Duck Stamp Contest (contest)). The proposals in this document are 
revisions to our February 11, 2016, proposed rule and consist of 
further updates to the scientific names of species on our list of 
contest design subjects, updates to recognize technological advances in 
stamp design and printing, and proposed requirements specific to the 
2018 contest.

DATES: We will accept comments that we receive on or before December 
28, 2017. Please note that if you are using the Federal eRulemaking 
Portal (see ADDRESSES, below), the deadline for submitting an 
electronic comment is 11:59 p.m. Eastern Time on the closing date.

ADDRESSES: You may submit comments by one of the following methods:
     Electronically: Go to the Federal eRulemaking Portal: 
http://www.regulations.gov. In the Search box, enter FWS-HQ-MB-2015-
0161, which is the docket number for this proposed rule. Then, in the 
Search panel on the left side of the screen, under the Document Type 
heading, click on the Proposed Rules link to locate this document. You 
may submit a comment by clicking on ``Comment Now!'' Please ensure that 
you have found the correct rulemaking before submitting your comment.
     By hard copy: Submit by U.S. mail or hand delivery to: 
Public Comments Processing, Attn: FWS-HQ-MB-2015-0161; Division of 
Policy, Performance, and Management Programs; U.S. Fish and Wildlife 
Service; 5275 Leesburg Pike, MS: BPHC; Falls Church, VA 22041-3803.
    We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Comment Procedures and Public Availability of Comments 
under SUPPLEMENTARY INFORMATION for more information).

FOR FURTHER INFORMATION CONTACT: Suzanne Fellows, (703) 358-2145, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

History of the Federal Migratory Bird Hunting and Conservation Stamp 
(Duck Stamp) Program

    On March 16, 1934, Congress passed, and President Franklin D. 
Roosevelt signed, the Migratory Bird Hunting Stamp Act. Popularly known 
as the Duck Stamp Act, it required all waterfowl hunters 16 years or 
older to buy a stamp annually. The revenue generated was originally 
earmarked for the Department of Agriculture, but 5 years later was 
transferred to the Department of the Interior and the Service.
    In the years since its enactment, the Federal Duck Stamp Program 
has become one of the most popular and successful conservation programs 
ever initiated. Today, some 1.8 million stamps are sold each year, and 
as of 2017, Federal Duck Stamps have generated more than $1 billion for 
the preservation of more than 6 million acres of waterfowl habitat in 
the United States. Numerous other birds, mammals, fish, reptiles, and 
amphibians have similarly prospered because of habitat protection made 
possible by the program. An estimated one-third of the Nation's 
endangered and threatened species find food or shelter in refuges 
preserved by Duck Stamp funds. Moreover, the protected wetlands help 
dissipate storms, purify water supplies, store flood water, and nourish 
fish hatchlings important for sport and commercial fishermen.

History of the Duck Stamp Contest

    The first Federal Duck Stamp was designed at President Roosevelt's 
request by Jay N. ``Ding'' Darling, a nationally known political 
cartoonist for the Des Moines Register and a noted hunter and wildlife 
conservationist. In subsequent years, noted wildlife artists were asked 
to submit designs. The first

[[Page 56202]]

Federal Duck Stamp Contest was opened in 1949 to any U.S. artist who 
wished to enter, and 65 artists submitted a total of 88 design entries. 
Since then, the contest has attracted large numbers of entrants, and it 
remains the only art competition of its kind sponsored by the U.S. 
Government. The Secretary of the Interior appoints a panel of noted 
art, waterfowl, and philatelic authorities to select each year's 
winning design. Winners receive no compensation for the work, except a 
pane of their stamps, but winners may sell prints of their designs, 
which are sought by hunters, conservationists, and art collectors.

Theme of 2019-2020 Stamp

    Throughout the history of the Federal Duck Stamp, there has been an 
effort to increase its messaging capabilities. For example, in 1959, 
the theme of the contest was ``Retrievers Save Game,'' and artists were 
required to produce a design which illustrated this theme. The 
resulting 1959-1960 stamp, the ``King Buck,'' featuring a black 
Labrador Retriever and a mallard, is arguably among the most 
identifiable Federal Duck Stamps. With the introduction of the 1998-
1999 pressure-sensitive adhesive stamp, the Service developed a dollar-
bill sized stamp carrier which provided additional area for visual and 
verbal messages. Additional opportunities exist for messages on the 
back of the stamp as well as on the appreciation certificates that are 
available to customers interested in the Duck Stamp Program.
    To address Executive Order 13443 (Facilitation of Hunting Heritage 
and Wildlife Conservation; 72 FR 46537, August 20, 2007) and Department 
of the Interior Secretary's Order 3356 (Hunting, Fishing, Recreational 
Shooting, and Wildlife Conservation Opportunities and Coordination with 
States, Tribes, and Territories; September 15, 2017), the theme of the 
2019-2020 stamp and accompanying certificate of appreciation will be 
``celebrating our waterfowl hunting heritage.'' This will provide 
visual and verbal recognition to the contributions waterfowl hunters 
make to habitat conservation. As the only ones required to purchase a 
Federal Duck Stamp, waterfowl hunters have been the primary supporters 
of the Federal Duck Stamp program and have enabled the purchase of 
wetland habitats that support both hunted and nonhunted species, assist 
in flood control and water purification, and provide communities with 
an economic stimulus. By celebrating our waterfowl hunting heritage and 
showing hunters in a positive light as active wildlife conservationists 
on the 2019-2020 stamp, we will celebrate their contributions to 
providing public lands and robust wildlife populations. Through 
additional messaging, we also hope to engage Americans of all ages and 
backgrounds who may not have traditionally realized the benefits of 
wetland conservation.

Revised Proposed Changes to the Regulations at 50 CFR Part 91

    On February 11, 2016, we published a proposed rule (81 FR 7279) to 
revise the regulations at 50 CFR part 91 governing the annual Federal 
Duck Stamp Contest. Specifically, we proposed to update our contact 
information; update common names and spelling of species on our list of 
contest design subjects; correct minor grammar errors; and specify the 
requirement to include a second, appropriate, migratory bird species in 
the artwork design beginning with the 2016 contest. We did not make 
that rule final. Now, with this document, we are revising that proposed 
rule.

Retained Provisions of the February 11, 2016, Proposed Rule

    As set forth in the February 11, 2016, proposed rule (81 FR 7279), 
we continue to propose to:
     Update Sec. Sec.  91.1(b) and 91.11 to provide current and 
accurate contact information for the Service's Duck Stamp Office.
     Update the scientific and common names on our list at 
Sec.  91.4 of species that are potential contest design subjects to 
ensure that list contains names currently accepted by the American 
Ornithological Society (AOS) http://www.americanornithology.org/; see 
also the AOS Checklist at http://checklist.aou.org/taxa/; this 
checklist is our standard reference on taxonomy, nomenclature, and 
capitalization). Some of the names differ in this revised proposed rule 
from those set forth in our February 11, 2016, proposed rule. Those 
differences are explained in Revised Provisions, below.
     Correct minor grammar errors in our regulations at 50 CFR 
part 91.
    For the proposed text of Sec. Sec.  91.1(b), 91.4, and 91.11, refer 
to our February 11, 2016, proposed rule (81 FR 7279).

Revised Provisions

    The revisions to our February 11, 2016, proposed rule contained in 
this document consist of:
     Further updates to the scientific names of species on our 
list at Sec.  91.4;
     Updates to recognize technological advances in stamp 
design and printing;
     Addition of judging and subject matter regulations to 
require that each depiction illustrates the theme ``celebrating our 
waterfowl hunting heritage'' for the 2018 contest.

Further Updates to Species' Scientific Names

    Section 91.4 contains our list of eligible waterfowl species. For 
each year's contest, we choose five or fewer species from the list; one 
or more of those species (or a combination thereof; see Sec.  91.14) 
are the only acceptable subjects for entries during that contest year. 
We announce each year's eligible species on our Web site and in an 
annual contest brochure. Our list at Sec.  91.4 contains scientific and 
common names accepted by the AOS.
    Since we last revised our regulations, and again since we published 
our proposed rule on February 11, 2016, the AOS has changed the listing 
order among species and updated several species names. The further 
updates contained in this revised proposed rule are to two categories: 
(1) Geese, and (2) dabbling ducks. For geese, the revised proposed 
changes would correct the genus name of Emperor, Snow, and Ross's geese 
to Anser, so that they would read, ``Emperor Goose (Anser canagicus),'' 
``Snow Goose (Anser caerulescens),'' and ``Ross's Goose (Anser 
rossii),'' respectively.
    For dabbling ducks, the revised proposed changes would correct the 
genus name of Blue-winged and Cinnamon teal and Northern Shoveler to 
Spatula, so that they would read, ``Blue-winged Teal (Spatula 
discors),'' ``Cinnamon Teal (Spatula cyanoptera),'' and ``Northern 
Shoveler (Spatula clypeata),'' respectively. We would also correct the 
genus name of Gadwall and American Wigeon to Mareca, so that the 
entries read, ``Gadwall (Mareca strepera)'' and ``American Wigeon 
(Mareca americana).''
    We propose these further changes to our list at Sec.  91.4 to 
reflect the most current scientific names of eligible waterfowl 
species.

Updating Technological Advances in Stamp Design and Printing

    Currently both Sec.  91.15 and Sec.  91.23 contain regulations and 
references to a stamp production process that is no longer used. We 
propose to remove these outdated statements to reflect current 
technology in this revised proposed rule.

[[Page 56203]]

Depicting the Theme ``Celebrating our Waterfowl Hunting Heritage'' in 
2018 Artwork Entries

    Current Sec.  91.14 explains that a live portrayal of any bird(s) 
of the five or fewer identified eligible waterfowl species must be the 
dominant feature of the design, but that the design may depict other 
appropriate elements such as hunting dogs, as long as an eligible 
waterfowl species is in the foreground and clearly the focus of 
attention. In this revised proposed rule, we propose that, for 2018, 
contest entries must include one or more elements that reflect the 
theme ``celebrating our waterfowl hunting heritage.''
    Section 91.21(b) outlines the qualification of the judging panel. 
We also propose that, for 2018, all selected contest judges must have 
an understanding and appreciation of the waterfowl hunting heritage and 
be able to recognize scenery or objects related to waterfowl hunting.
    Finally, Sec.  91.23 sets forth the scoring criteria for the 
contest. We propose to specify that, for 2018, entries will also be 
judged on how well they illustrate the theme of ``celebrating our 
waterfowl hunting heritage.''
    The proposed changes to the regulations concerning the theme of 
``celebrating our waterfowl hunting heritage'' would be in effect only 
for the 2018 contest.

Public Comments Procedures

    To ensure that any final action resulting from this proposed rule 
will be as accurate and as effective as possible, we request that you 
send relevant information for our consideration. We will accept public 
comments we receive on or before the date listed above in DATES. We are 
striving to ensure that any amendments to the regulations resulting 
from our February 11, 2016, proposed rule (81 FR 7279) and this revised 
proposed rule would be in effect with sufficient time for artists to 
prepare submissions by the June opening of the 2018 contest. The 
comments that will be most useful are those that you support by 
quantitative information or studies and those that include citations 
to, and analyses of, the applicable laws and regulations. Please make 
your comments as specific as possible and explain the basis for them. 
In addition, please include sufficient information with your comments 
to allow us to authenticate any scientific or commercial data you 
include.
    You must submit your comments and materials concerning this 
proposed rule by one of the methods listed above in ADDRESSES. We will 
not accept comments sent by email or fax or to an address not listed in 
ADDRESSES. If you submit a comment via http://www.regulations.gov, your 
entire comment--including any personal identifying information, such as 
your address, telephone number, or email address--will be posted on the 
Web site. Please note that comments submitted to this Web site are not 
immediately viewable. When you submit a comment, the system receives it 
immediately. However, the comment will not be publically viewable until 
we post it, which might not occur until several days after submission.
    If you mail or hand-carry a hardcopy comment directly to us that 
includes personal information, you may request at the top of your 
document that we withhold this information from public review. However, 
we cannot guarantee that we will be able to do so. To ensure that the 
electronic docket for this rulemaking is complete and all comments we 
receive are publicly available, we will post all hardcopy comments on 
http://www.regulations.gov.
    In addition, comments and materials we receive, as well as 
supporting documentation used in preparing this proposed rule, will be 
available for public inspection in two ways:
    (1) You can view them on http://www.regulations.gov. In the Search 
box, enter FWS-HQ-MB-2015-0161, which is the docket number for this 
rulemaking. Then, in the Search panel on the left side of the screen, 
select the type of documents you want to view under the Document Type 
heading.
    (2) You can make an appointment, during normal business hours, to 
view the comments and materials in person by contacting the person 
listed above under FOR FURTHER INFORMATION CONTACT.

Public Availability of Comments

    As stated above in more detail, before including your address, 
phone number, email address or other personal identifying information 
in your comment, you should be aware that your entire comment, 
including your personal identifying information, may be made publically 
available at any time. While you can ask us in your comment to withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

Required Determinations

    For this revised proposed rule, we affirm the following required 
determinations provided in our February 11, 2016, proposed rule (81 FR 
7279):
     Regulatory Planning and Review (Executive Orders 12866 and 
13563);
     Small Business Regulatory Enforcement Fairness Act (5 
U.S.C. 804(2));
     Federalism (Executive Order 13132);
     Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.);
     Takings (Executive Order 12630);
     Civil Justice Reform (Executive Order 12988);
     Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.);
     National Environmental Policy Act (42 U.S.C. 4321 et 
seq.);
     Government-to-Government Relationship with Tribes 
(Executive Order 13175); and
     Energy Supply, Distribution, or Use (Executive Order 
13211).
    We provide new required determinations as follows:

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (as amended by the Small 
Business Regulatory Enforcement Fairness Act (SBREFA) of 1996), 
whenever a Federal agency is required to publish a notice of rulemaking 
for any proposed or final rule, it must prepare and make available for 
public comment a regulatory flexibility analysis that describes the 
effect of the rule on small entities (i.e., small businesses, small 
organizations, and small government jurisdictions) (5 U.S.C. 601 et 
seq.). However, no regulatory flexibility analysis is required if the 
head of an agency certifies that the rule would not have a significant 
economic impact on a substantial number of small entities. Thus, for a 
regulatory flexibility analysis to be required, impacts must exceed a 
threshold for ``significant impact'' and a threshold for a 
``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA 
amended the Regulatory Flexibility Act to require Federal agencies to 
provide a statement of the factual basis for certifying that a rule 
would not have a significant economic impact on a substantial number of 
small entities. The changes we propose are intended primarily to 
clarify the requirements for the contest. These changes would affect 
individuals, not businesses or other small entities as defined in the 
Regulatory Flexibility Act.
    We therefore certify that, if adopted, this rule would not have a 
significant economic effect on a substantial number of small entities 
as defined under the Regulatory Flexibility Act. A Regulatory 
Flexibility Analysis is not required.

[[Page 56204]]

Accordingly, a Small Entity Compliance Guide is not required.

Executive Order 13771

    This rule is not an Executive Order (E.O.) 13771 (82 FR 9339, 
February 3, 2017) regulatory action because this rule is not 
significant under E.O. 12866.

Clarity of This Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. To better help us 
revise the rule, your comments should be as specific as possible. For 
example, you should tell us the numbers of the sections or paragraphs 
that are unclearly written, which sections or sentences are too long, 
the sections where you feel lists or tables would be useful, etc.

List of Subjects in 50 CFR Part 91

    Hunting, Wildlife.

Proposed Regulation Promulgation

    For the reasons stated in the preamble, we propose to further amend 
50 CFR part 91, as proposed to be amended at 81 FR 7279 (February 11, 
2016), as set forth below:

PART 91--MIGRATORY BIRD HUNTING AND CONSERVATION STAMP CONTEST

0
1. The authority citation for part 91 continues to read as follows:

    Authority:  5 U.S.C. 301; 16 U.S.C. 718j; 31 U.S.C. 9701.

0
2. Amend Sec.  91.4 by revising paragraphs (b) and (d) to read as 
follows:


Sec.  91.4  Eligible species.

* * * * *
(b) Geese.
(1) Emperor Goose (Anser canagicus)
(2) Snow Goose (including ``white'' and ``blue'' morphs) (Anser 
caerulescens)
(3) Ross's Goose (Anser rossii)
(4) Greater White-fronted Goose (Anser albifrons)
(5) Brant (Branta bernicla)
(6) Cackling Goose (Branta hutchinsii)
(7) Canada Goose (Branta canadensis)
* * * * *
(d) Dabbling Ducks.
(1) Wood Duck (Aix sponsa)
(2) Blue-winged Teal (Spatula discors)
(3) Cinnamon Teal (Spatula cyanoptera)
(4) Northern Shoveler (Spatula clypeata)
(5) Gadwall (Mareca strepera)
(6) American Wigeon (Mareca americana)
(7) Mallard (Anas platyrhynchos)
(8) American Black Duck (Anas rubripes)
(9) Mottled Duck (Anas fulvigula)
(10) Northern Pintail (Anas acuta)
(11) Green-winged Teal (Anas crecca)
* * * * *
0
3. Revise Sec.  91.14 to read as follows:


Sec.  91.14   Restrictions on subject matter for entry.

    (a) A live portrayal of any bird(s) of the five or fewer identified 
eligible waterfowl species must be the dominant feature of the design. 
The design may depict more than one of the eligible species. The 
judges' overall mandate is to select the best design that will make an 
interesting, useful, and attractive duck stamp that will be accepted 
and prized by hunters, stamp collectors, conservationists, and others. 
The design must be the contestant's original hand-drawn creation. The 
entry design may not be copied or duplicated from previously published 
art, including photographs, or from images in any format published on 
the Internet. Photographs, computer-generated art, or art produced from 
a computer printer or other computer/mechanical output device (airbrush 
method excepted) are not eligible to be entered into the contest and 
will be disqualified. An entry submitted in a prior contest that was 
not selected for a Federal or State stamp design may be submitted in 
the current contest if the entry meets the criteria set forth in this 
section.
    (b) The 2018 Contest. In addition to the restrictions set forth in 
paragraph (a), in 2018 only, designs will also be required to include 
appropriate hunting-related accessories and/or scenes celebrating the 
Federal Duck Stamp's long-standing connection as part of our Nation's 
waterfowl hunting heritage and the contributions to conservation made 
by waterfowl hunters. Designs may include, but are not limited to, 
hunting dogs, hunting scenes, hunting equipment, waterfowl decoys, 
managed waterfowl areas as the background of habitat scenes, or other 
designs that represent our waterfowl hunting heritage. The design 
chosen will clearly meet the theme of ``celebrating our hunting 
heritage.''


Sec.  91.15   [Removed and Reserved]

0
4. Remove and reserve Sec.  91.15.
0
5. In Sec.  91.21, designate the text in paragraph (b) after the 
paragraph header as paragraph (b)(1) and add paragraph (b)(2) to read 
as follows:


Sec.  91.21   Selection and qualification of contest judges.

* * * * *
(b) Qualifications. (1) * * *

    (2) The 2018 Contest. In 2018 only, it will also be mandatory that 
all selected judges have an understanding and appreciation of the 
waterfowl hunting heritage and be able to recognize waterfowl hunting 
paraphernalia.
* * * * *
0
6. Revise Sec.  91.23 to read as follows:


Sec.  91.23  Scoring criteria for contest.

    (a) Entries will be judged on the basis of anatomical accuracy, 
artistic composition, and suitability for reduction in the production 
of a stamp.
    (b) The 2018 Contest. In 2018 only, entries will also be judged on 
how well they illustrate the theme of ``celebrating our hunting 
heritage.''

    Dated: November 8, 2017.
Jason Larrabee,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2017-25661 Filed 11-27-17; 8:45 am]
 BILLING CODE 4333-15-P