[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;
suzanne_fellows@fws.gov.
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
[[Page 27316]]
``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:
[[Page 27317]]
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