[Federal Register: April 12, 2006 (Volume 71, Number 70)]
[Proposed Rules]
[Page 18697-18702]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap06-29]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 91
RIN 1018-AU56
Revision of Federal Duck Stamp Contest Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the Fish and Wildlife Service (Service, or we), propose to
revise the regulations governing the annual Migratory Bird Hunting and
Conservation Stamp Contest [also known as the Federal Duck Stamp
Contest (contest)]. Our proposed amendments would 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: To ensure our consideration, we must receive your comments on
this proposal by May 12, 2006.
ADDRESSES: You may submit comments by any one of the following methods:
1. Federal Duck Stamp Web site: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fws.gov/duckstamps.
Follow the instructions for submitting comments.
2. E-mail: duckstamps@fws.gov.
3. Fax: 703-358-2009 to Chief, Federal Duck Stamp Office.
4. U.S. Mail: Chief, Federal Duck Stamp Office, U.S. Fish and
Wildlife Service, 4401 North Fairfax Drive, Mail Stop MBSP-4070,
Arlington, VA 22203-1622.
5. Hand Delivery: Federal Duck Stamp Office, U.S. Fish and Wildlife
Service, 4501 North Fairfax Drive, Room 4070, Arlington, VA.
6. Federal eRulemaking Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov. Follow
the instructions for submitting comments.
For more information on requirements for submitting or viewing
comments, see ``Public Comments Solicited'' under SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: Patricia Fisher, Chief, Federal Duck
Stamp Office, (703) 358-2000 (phone), duckstamps@fws.gov (e-mail), or
(703) 358-2009 (fax).
SUPPLEMENTARY INFORMATION: We propose to revise the regulations
governing the annual Migratory Bird Hunting and Conservation Stamp
Contest [also known as the Federal Duck Stamp Contest (contest)]. Our
proposed amendments would raise the contest entry fee by $25, to $125;
update contest opening and entry deadline dates, locations, and mail
and Internet site information, so that our regulations would be brought
up to date with our current and new practices. They would 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 proposed 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. Therefore we believe 30 days will allow the public
sufficient time to review and respond to our proposed changes. The
public will benefit from having final regulations in place well in
advance of our June 2006 contest opening date.
[[Page 18698]]
Background
History of the Federal Migratory Bird Hunting 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. We are
legislatively mandated to use the revenue first to administer the Duck
Stamp permit program and contest, and secondly for conservation, to buy
or lease waterfowl sanctuaries.
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 2004, Federal Duck Stamps have generated more than $700 million
for the preservation of more than 5.2 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 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.
Proposed Changes
The regulations governing the contest are at 50 CFR part 91. Our
proposed 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. These 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 begun and plan
to continue to hold the contest in a different U.S. location each year.
Therefore, we will 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 will be the second
contest to take place outside of Washington, DC. We plan to hold future
duck stamp 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
U.S. access to the contest. The overall goal is to increase duck stamp
stales to gain additional funds with which to purchase waterfowl
habitat. The 2005 Duck Stamp 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 will also be held 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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.aou.org/; see also the AOU Check-list at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.aou.org/checklist/birdlist46.pdf, our standard
ard
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 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 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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fws.gov/duckstamps or by calling (703)
358-2000.
[[Page 18699]]
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 extra
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 propose to
add 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 3 contests. Thus, the person
would be prohibited from entering a total of 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 Federal Duck Stamp 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 Federal Duck Stamp
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 we propose 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.
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.
[[Page 18700]]
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 proposed 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 duck
stamp contest. This proposed 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.
Clarity of This Regulation
E.O. 12866 requires each agency to write regulations that are easy
to understand. We invite your comments on how to make this rule easier
to understand, including answers to questions such as the following:
1. Are the requirements in the rule clearly stated?
2. Does the rule contain technical language or jargon that
interferes with its clarity?
3. Does the format of the rule (grouping and order of sections, use
of headings, paragraphing, and so forth) aid or reduce its clarity?
4. Would the rule be easier to understand if it were divided into
more (but shorter) sections?
5. Is the description of the rule in the SUPPLEMENTARY INFORMATION
section of the preamble helpful toward your understanding the proposed
rule? What else could we do to make the rule easier to understand?
Send a copy of any comments that concern how we could make this
rule easier to understand to: Office of Regulatory Affairs, Department
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240.
You may also e-mail the comments to this address: Exsec@ios.doi.gov.
Public Comments Solicited
We are asking the public, other concerned governmental agencies,
the scientific community, industry, or any other interested party to
comment on this rule so that any final action resulting from this
proposal will be as accurate and as effective as possible. Comments
will become part of the Administrative Record for this rulemaking
action. You may inspect comments at the hand-delivery address (given in
the ADDRESSES section) during normal business hours.
If you wish to comment, you may submit your comments by any one of
several methods listed under ADDRESSES. Please submit Internet comments
as an ASCII file, avoiding the use of special characters and any form
of encryption. Please also include ``Attn: 1018-AU56'' and your name
and return U.S. mail address in your Internet message. If you do not
receive a confirmation from the system that we have received your
Internet message, contact us directly at (703) 358-2000. Our practice
is to make comments, including names and home addresses of respondents,
available for public review during regular business hours. Individual
respondents may request that we withhold their home address from the
rulemaking record, which we will honor to the extent allowable by law.
There also may be circumstances in which we would withhold from the
rulemaking record a respondent's identity, as allowable by law. If you
wish us to withhold your name and/or address, you must state this
prominently at the beginning of your comment. However, we will not
consider anonymous comments. We will make all submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, available for public inspection in their entirety.
List of Subjects in 50 CFR Part 91
Hunting, Wildlife.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 91, subchapter G of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:
PART 91--[AMENDED]
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.
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.
(a) * * *
(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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fws.gov/duckstamps/
.
* * * * *
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.
* * * * *
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.
[[Page 18701]]
(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)
(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)
5. Revise Sec. 91.11 to read as follows:
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 http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fws.gov/duckstamps or call (703) 358-
2000.
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
Federal Duck Stamp 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.
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.
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.
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 art
work and then either hand-delivered or sent by registered mail,
certified mail, express mail, or overnight delivery service to the
address is Sec. 91.1(b) of this part.
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.
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
[[Page 18702]]
contest and barred from entering the three contests that come after the
current year's contest.
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.
Sec. 91.24 [Amended]
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: March 30, 2006.
Matt Hogan,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E6-5223 Filed 4-11-06; 8:45 am]
BILLING CODE 4310-55-P