[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,
suzanne_fellows@fws.gov.
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