[Federal Register Volume 85, Number 90 (Friday, May 8, 2020)]
[Rules and Regulations]
[Pages 27313-27317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09908]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 91

[Docket No. FWS-HQ-MB-2019-0105; FXMB 12330900000//201//FF09M13200]
RIN 1018-BE20


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: The U.S. Fish and Wildlife Service (Service or we) is revising

[[Page 27314]]

regulations governing the annual Federal Migratory Bird Hunting and 
Conservation Stamp Contest, also known as the Federal Duck Stamp 
Contest (Contest). We are instituting changes to design elements and 
judging requirements beginning with the 2020 Contest. Beginning in 
2020, the Contest will include a permanent theme of ``celebrating our 
waterfowl hunting heritage,'' and it will be mandatory that each entry 
include an appropriate waterfowl hunting scene and/or accessory.

DATES: This rule is effective May 8, 2020.

ADDRESSES: You can view the 2020 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.
    You can view the proposed rule and the comments received on it at 
the Federal rulemaking portal at http://www.regulations.gov in Docket 
No. FWS-HQ-MB-2019-0105.

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 primarily to sportswomen and men prior to hunting 
related activities. As of 2019, Federal Duck Stamps have generated more 
than $1.1 billion for the preservation of over 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 in title 50 
of the Code of Federal Regulations 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 the Contest regulations must be completed via 
the formal rulemaking process.
    On January 29, 2020, we published a proposed rule (85 FR 5182) to 
revise the Duck Stamp Contest regulations. We proposed to specify a 
permanent ``celebrating our waterfowl hunting heritage'' theme, which 
would require all qualified Contest entries to include waterfowl 
hunting-related accessories and/or themes. By requiring this theme, we 
would recognize the role of hunters, the primary purchasers of Duck 
Stamps, in raising over $1.1 billion for waterfowl habitat conservation 
through the sale of Duck Stamps. The January 29, 2020, proposed rule 
opened a 45-day public comment period, ending March 16, 2020, and 
invited comments on the proposed changes from all interested 
individuals and organizations.

Summary of Public Comments and Responses

    We received 708 unique comments on the January 29, 2020, proposed 
rule (85 FR 5182), which are grouped under appropriate subject-matter 
headings and addressed below.

Proposed Requirement for a Permanent, Mandatory Waterfowl Hunting Theme

    (1) Comment: Of the commenters indicating that they were in favor 
of the permanent theme ``celebrating our waterfowl hunting heritage'' 
and subsequent mandatory inclusion of a waterfowl hunting scene or 
accessory as part of the entry design, several expressed their opinions 
that it was important and long overdue to recognize hunters' 
contributions to conservation and the waterfowl hunting heritage.
    Of the commenters who expressed that they opposed the proposed 
change for the Contest regulations, 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 an optional part of the Stamp design. Several 
believed that making such inclusion mandatory was divisive and 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 Contest did not want the inclusion of 
hunting-related items to detract from the primary waterfowl and habitat 
conservation focus of the Stamp. A few commenters expressed the opinion 
that they were not supportive of a permanent change but proposed a 
schedule for the ``celebrating our waterfowl hunting heritage'' theme 
on a rotating and known cycle.
    Service Response: The Service is instituting a permanent theme of 
``celebrating our waterfowl hunting heritage'' that will necessitate 
the mandatory inclusion of hunting-related accessories in every entry 
beginning with the 2020 Contest. This change will recognize the 
contributions of hunters and hunting to waterfowl and wetland 
conservation.

Inclusion of a Theme

    (2) Comment: Several commenters felt that requirements for a theme 
be implemented only with careful consideration of all aspects of the 
Stamp program, artists, and purchasers of the Stamp. Suggestions were 
made that proposed themes should have an intrinsic biological or 
conservation message or celebrate other user and Stamp purchaser 
groups. Several 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

[[Page 27315]]

addressing the theme would detract from the natural beauty of the 
depicted waterfowl. Several commented that only specific species would 
be eligible with a mandatory theme, leading the Stamps and artist 
prints to become repetitive and boring. Commenters also noted that 
there are relatively few accessories to any theme that could be 
included in a composition due to the size, scale, and other 
restrictions of the artwork.
    Several commenters suggested, rather than using the Stamp itself to 
illustrate the theme, that the theme be celebrated on the carrier and 
other products produced to market the Stamp.
    Service Response: The theme of ``celebrating our waterfowl hunting 
heritage'' will be permanent beginning with the 2020 Contest, which 
will require the inclusion of a waterfowl hunting-related accessory or 
theme in the design of the entry.
    Regarding the inclusion of objects in the Stamps, several previous 
Stamps contained objects such as decoys, dogs, and hunters that have 
made memorable Stamps. The judges' mandate will be that they choose the 
design that will best make an attractive Federal Duck Stamp that 
illustrates the theme ``celebrating our waterfowl hunting heritage.''

Hunter Recognition

    (3) Comment: Most commenters applauded the huge financial 
commitment hunters annually put toward wildlife conservation.
    One commenter noted that celebrating hunters for legally doing what 
they are required to do (purchase a Stamp) was an interesting concept. 
The commenter, who self-identified as a hunter, raised the question of 
how many hunters would purchase the Duck Stamp if it was not mandatory 
for them to do so.
    Many commenters who purchased Stamps for reasons other than 
waterfowl hunting did not feel that their contributions and purchases 
of Duck Stamps were being acknowledged or appreciated. Others expressed 
the desire that, although hunters in the past may have been financially 
responsible for raising conservation dollars, they wanted non-hunters 
to be encouraged to purchase Stamps and would find it harder to 
convince them if there was a hunting theme.
    Service Response: The recognition of waterfowl hunters' 
contributions to wildlife and habitat conservation will further the 
Department of the Interior's priorities of increased sportsperson 
access on public lands. By focusing on the long heritage of waterfowl 
hunting on the Federal Duck Stamp, we acknowledge the contributions of 
waterfowl hunters 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 for the Federal Duck Stamp 
design, the central focal point and dominant aspect of each entry will 
still be the live portrayal of at least one of that year's five 
eligible waterfowl species.

Raising Funds for Wildlife Habitat Conservation

    (4) 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 the hunting theme would alienate 
non-consumptive buyers, such as stamp collectors, bird watchers, 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.
    Many commenters mentioned the lack of a solid marketing strategy 
for Duck Stamps, the lack of baseline data on who purchases the Stamp, 
and the lack of funding and personnel in the Duck Stamp Office.
    Service Response: The Service made no change to the final rule in 
response to these comments. The Federal Duck Stamp has been mandatory 
to hunt waterfowl since 1934 and has been incredibly successful in 
conserving habitat for wildlife. By using the theme ``celebrating our 
waterfowl hunting heritage,'' we are recognizing the conservation 
contributions made by millions of waterfowl hunters over this period. 
The inclusion of this theme provides the opportunity to present 
information on the history and tradition of waterfowl hunting in the 
United States.
    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. Many individuals, 
friends groups and birding groups have made a concerted effort over the 
past several years to encourage purchase of the Stamp by bird watchers, 
photographers, and other interested in habitat conservation. 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 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.
    Comments regarding marketing of the Duck Stamp, and funding and 
staffing of the Duck Stamp Program, are beyond the scope of this rule. 
The need for baseline data on who purchases the Stamp may be sought to 
develop a marketing strategy for the Duck Stamp Office. The Service 
welcomes other ideas that may help promote, market, and sell more Duck 
Stamps, in particular to non-hunters.

Artist Issues

    (5) Comment: Several artists expressed their discouragement that 
the Service has not provided enough time to execute their designs 
between the time the rules are finalized for 2020 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 (June 1). Adding mandatory elements with less than a 
full year to research and gather reference materials, design, and then 
execute their entries will prevent some artists from entering the 2020 
Contest.
    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.''
    Another primary concern by artists was that a mandatory theme 
hampered their creativity. Several felt that the size, position, media, 
and other restrictions placed on the artwork were already making it 
difficult for artists to compose their entries.
    One commenter analyzed the entries from the 2018 Contest when the

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``celebrating our waterfowl hunting heritage'' theme was mandatory. The 
commenter remarked on the lack of racial, sexual, generational, and 
cultural diversity among the scenes portraying hunters. A second 
commenter was offended that indigenous hunting methods were not 
described in the rule. A third commented that the lack of rules in the 
native languages of people in the U.S. States and Territories was 
prejudicial and discouraged their ability to enter the Contest.
    A final commenter felt that it was difficult for anyone else to 
interpret an artist's idea of a ``hunting scene'' and others would have 
difficulty determining what qualified as a ``hunting element.''
    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 at this time to provide 
final rules 12 to 36 months ahead of the relevant Contest date. By 
making this a permanent theme with the mandatory inclusion of waterfowl 
hunting accessories, artists are hereby informed as to future Contest 
design requirements. Having a permanent mandatory theme will also allow 
the Service to set the eligible species lists for successive Contests 
at least 3 years in advance.
    It is not our intention to alienate potential Duck Stamp Contest 
artists. We hope that the theme will encourage both artists and Stamp 
purchasers to learn more about the rich tradition of waterfowl hunting. 
The Federal Duck Stamp has been mandatory to hunt waterfowl since 1934 
and has been incredibly successful in conserving habitat for wildlife. 
By using the theme ``celebrating our waterfowl hunting heritage,'' we 
are recognizing the conservation contributions made by millions of 
waterfowl hunters over this period. The inclusion of this theme 
provides the opportunity to present information on the history and 
tradition of waterfowl hunting in the United States.
    Decoys and hunting dogs are among the examples of elements that can 
be included to satisfy this requirement.
    The Duck Stamp Office staff does not like to disqualify any entry 
and prides itself on advocating for and working with the artists. If an 
entry is submitted without an identifiable hunting accessory, staff 
would contact the artist for clarification prior to the Contest start 
date. In the event that there is a disagreement of the applicability of 
an element, the Contest Coordinator would be consulted and the argument 
may be presented to the judging panel for their decision.
    It is hoped that the changing demographics of the country will 
encourage more diversity among artists and in entries. The Service will 
endeavor to have translations of the entire Contest Brochure available 
in different languages in the future and will consider developing a 
single-page Contest Brochure for translation and wider distribution. 
The Service will rely on liaisons and partnerships to increase and 
broaden opportunities to promote the Duck Stamp among Tribes, Alaska 
Natives, and Hawaiian and other Pacific and Caribbean residents living 
in the States and U.S. Territories.

Judging Requirement/Judge Competency

    (6) Comment: There was no opposition expressed to the requirement 
that all selected contest judges have an understanding and appreciation 
of the waterfowl hunting heritage and the ability to recognize 
waterfowl hunting accessories. Rather, several commenters expressed the 
opinion that waterfowl hunters were the most qualified, or the only 
ones qualified to judge the Contest.
    Other comments were provided on the number and quality of judges on 
the panel. Proposals ranged from increasing the number of judges from 
five to seven and dropping the high and low scores; providing judges 
with a briefing on how to vote; and having the judges pass a competency 
test.
    Service Response: The Service made no changes to the final rule in 
response to these comments. We will continue to develop a slate of 
qualified nominees to be judges that will be forwarded to the Secretary 
of the Interior, or his or her 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. All selected Contest judges will be vetted 
prior to nomination to ensure that they have an understanding and 
appreciation of the waterfowl hunting heritage.
    The ability to recognize all waterfowl hunting accessories may 
necessitate additional discussion and information provided by law 
enforcement officers (for legality of methods) as well as cultural 
experts by Contest officials prior to the actual judging process. The 
Contest Coordinator will provide any necessary background provided from 
these discussions in his or her briefing remarks with the Contest 
judges.
    The number of judges and testing them for their abilities is 
outside the scope of this rulemaking.

Duck Stamp and Wildlife Art Collectors

    (7) 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.
    Comments were also received from wildlife art collectors and those 
who collect sporting art. Several felt that imposing the theme and 
mandatory inclusion of hunting-related accessories on Duck Stamps would 
further restrict print sales and diminish the value of sporting art.
    Service Response: The Service made no change to the final rule in 
response to these comments. We do not believe that the winning artwork 
will create a Stamp that will be radically different from historical 
Stamps.

Depiction of Firearms and Gun Violence

    (8) 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. Contest entries may include other 
appropriate items to fulfill the thematic requirement that a waterfowl 
hunting-related accessory and/or scene be included in a contestant's 
design.

Amendments to Existing Regulations

    The Service made no changes to the final rule in response to 
comments received from the proposed rule. As we proposed on January 29, 
2020, at 85 FR 5182, this rule incorporates the permanent change to 
adopt the theme of ``celebrating our waterfowl hunting heritage'' and 
the mandatory inclusion of a waterfowl hunting-related scene or 
accessory in every entry beginning with the 2020 Contest.
    Accordingly, this rule sets forth:

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     The Contest restriction on subject matter for entries at 
Sec.  91.14(b).
     Judge qualifications at Sec.  91.21(b).
     Language to reflect the permanent mandatory theme at Sec.  
91.23.

Effective Date

    We are making this rule effective upon publication (see DATES, 
above). We provided a 45-day public comment period for the January 29, 
2020, proposed rule (85 FR 5182). We have determined that any further 
delay in implementing these regulations would not be in the interest of 
Contest participants, in that a delay would hinder their ability to 
address the theme required for the 2020 Contest in submitted artwork. 
This rule does not impact the public generally. Rather, it impacts the 
small number of artists who submit artwork to the annual Duck Stamp 
Contest. Therefore, we find good cause under 5 U.S.C. 553(d)(3) to make 
this rule effective upon publication.

Required Determinations

    For this final rule, we affirm the following required 
determinations provided in our January 29, 2020, proposed rule (85 FR 
5182):
     National Environmental Policy Act (42 U.S.C. 4321 et 
seq.);
     Endangered Species Act (16 U.S.C. 1531 et seq.);
     Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
     Small Business Regulatory Enforcement Fairness Act (5 
U.S.C. 804(2));
     Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.);
     Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.); and
     Executive Orders 12630, 12866, 12988, 13132, 13175, 13211, 
13563, and 13771.

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:

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. Revise Sec.  91.14(b) to read as follows:


Sec.  91.14   Restrictions on subject matter for entry.

* * * * *
    (b) Mandatory waterfowl hunting components. In addition to the 
restrictions set forth in paragraph (a) of this section, all designs 
must also include appropriate waterfowl hunting-related accessories or 
elements celebrating the Federal Duck Stamp's longstanding 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, waterfowl hunting dogs, waterfowl 
hunting scenes, waterfowl hunting equipment, waterfowl decoys, or other 
designs that represent our waterfowl hunting heritage. The designs 
chosen will clearly meet the theme of ``celebrating our waterfowl 
hunting heritage.''


0
3. Revise Sec.  91.21(b) to read as follows:


Sec.  91.21   Selection and qualification of contest judges.

* * * * *
    (b) Qualifications. The panel of five judges will comprise 
individuals who have one or more of the following prerequisites: 
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, demonstrated support for the conservation of waterfowl and 
wetlands through active involvement in the conservation community, and 
an understanding and appreciation of waterfowl hunting heritage and the 
ability to recognize waterfowl hunting accessories.
* * * * *


0
4. Revise Sec.  91.23 to read as follows:


Sec.  91.23  Scoring criteria for contest.

    Entries will be judged on the basis of anatomical accuracy, 
artistic composition, suitability for reduction in the production of a 
stamp, and how well they illustrate the theme of ``celebrating our 
waterfowl hunting heritage.''

George Wallace,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2020-09908 Filed 5-6-20; 11:15 am]
 BILLING CODE 4333-15-P