[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]


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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.

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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: http://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 http://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