83 FR 12275 - Federal Migratory Bird Hunting and Conservation Stamp (Duck Stamp) Contest Regulations
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 55 (March 21, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 55 (March 21, 2018)
| Page Range | 12275-12280 | |
| FR Document | 2018-05588 |
[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)] [Rules and Regulations] [Pages 12275-12280] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05588] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 91 [Docket No. FWS-HQ-MB-2015-0161; FXMB 12330900000//189//FF09M13200] RIN 1018-BB23 Federal Migratory Bird Hunting and Conservation Stamp (Duck Stamp) Contest Regulations AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is revising regulations governing the annual Federal Migratory Bird Hunting and Conservation Stamp (Duck Stamp) Contest, also known as the Federal Duck Stamp Contest (Contest). We are updating our contact information, updating the common and scientific names of species on our list of Contest design subjects, correcting minor grammar errors, making changes to recognize technological advances in stamp design and printing, and instituting changes to design elements and judging requirements specific to the 2018 Contest. DATES: This rule is effective March 21, 2018. ADDRESSES: You can view the 2018 Contest Artist Brochure by one of the following methods:Duck Stamp Contest and Event Information: https://www.fws.gov/birds/get-involved/duck-stamp/duck-stamp-contest-and-event-information.php. Request a copy by contacting the person listed under FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Suzanne D. Fellows, Federal Duck Stamp Office, U.S. Fish and Wildlife Service, Department of the Interior, MS:MB, 5275 Leesburg Pike, Falls Church, VA 22041-3803; (703) 358-2145; [email protected]. SUPPLEMENTARY INFORMATION: Background On March 16, 1934, Congress passed, and President Franklin D. Roosevelt signed, the Migratory Bird Hunting Stamp Act. Popularly known as the Duck Stamp Act, it required all waterfowl hunters 16 years or older to buy a stamp annually. The revenue generated from the sale of the stamp is used to buy or lease waterfowl habitat. Since its enactment, the Federal Duck Stamp Program has become internationally known as one of the most popular and successful conservation programs ever initiated. Today, some 1.5 million stamps are sold each year and, as of 2017, Federal Duck Stamps have generated more than $1 billion for the preservation of approximately 6 million acres of waterfowl habitat in the United States. Numerous other birds, mammals, fish, reptiles, and amphibians have similarly prospered because of habitat conservation made possible by the program. Many of the Nation's endangered and threatened species find food or shelter on refuges preserved by Duck Stamp funds. Moreover, protected wetlands help dissipate storm water runoff, purify water supplies, store flood water, and nourish fish hatchlings important for sport and commercial fishermen. The first Federal Duck Stamp was designed by Jay N. ``Ding'' Darling, a nationally known political cartoonist for the Des Moines Register and a noted hunter and wildlife conservationist. In subsequent years, noted wildlife artists were asked to submit designs. The first Federal Duck Stamp Contest was opened in 1949 to any U.S. artist who wished to enter. Regulations governing the Contest appear at 50 CFR part 91. To select each year's design, a panel of noted art, waterfowl, and philatelic authorities is appointed by the Secretary of the Interior (Secretary). Winners receive no compensation for their work except for a pane of their stamps signed by the Secretary. However, artists maintain the copyright to their artwork and may sell prints of their designs, which are sought by hunters, conservationists, and art collectors. An annual rules brochure is published to announce the Contest and provide artists with official entry forms, a list of five or fewer eligible species that may be depicted, and instructions for submitting entries. Any changes to [[Page 12276]] the Contest regulations must be completed by going through the formal rulemaking process. On February 11, 2016, we published a proposed rule (81 FR 7279) to revise the Duck Stamp Contest regulations. At that time, we proposed to update or correct contact information and other minor spelling or grammar errors, as well as specify a new requirement to include a second, appropriate, migratory bird species in the artwork design beginning with the 2016 Contest. However, we chose not to go forward with the proposed new Contest requirement. On November 28, 2017, we published a revised proposed rule (82 FR 56201), which included further updates to the names of eligible species, updates to recognize technological advances in stamp design and printing, and a proposed requirement specific to the 2018 Contest. For the 2018 Contest, this proposed change would require the inclusion of waterfowl hunting-related accessories and/or themes in all qualified 2018 Contest entries; by portraying the theme ``celebrating our waterfowl hunting heritage,'' we would recognize the role of hunters in raising over $1 billion for waterfowl habitat conservation through the sale of Duck Stamps. The revised proposed rule opened a 30-day public comment period and invited comments on the proposed changes from artists, stamp collectors, and other members of the public. Summary of Public Comments and Responses We received 60 comments on the November 28, 2017, proposed rule (82 FR 56201). Several commenters simply expressed disapproval or support for the 2018 Contest rules. However, the majority had specific comments, which are grouped under appropriate subject-matter headings and addressed below. Update to Eligible Species List (1) Comment: One commenter thought that it was not necessary to include the scientific names of eligible species. Service Response: We provide both common and scientific names of birds, as recognized by the American Ornithological Union, when publishing rules and when discussing species in official documents. This practice helps avoid confusion among readers who may use a different colloquial name for the species. These changes will be published in our final rule as proposed. Proposed Requirements Specific to the 2018 Contest (2) Comment: Several commenters indicated that they were in favor of the requirement that the 2019-20 Duck Stamp reference the theme ``celebrating our waterfowl hunting heritage''. Many believed that it was important and long over-due to recognize hunters' contributions to conservation and the waterfowl hunting heritage. Several other commenters expressed that they were against the proposed change for the 2018 Contest. Most believed that the current Contest regulations worked well to ensure that the best artwork is selected each year for the Federal Duck Stamp. Several commenters stated their belief that the Federal Duck Stamp already celebrates hunting, as the inclusion of hunting-related accessories, hunters, and hunting scenes are already permitted as part of the stamp design. Several believed that making such inclusion mandatory would jeopardize the stamp's appeal to non-hunters who are interested in purchasing the stamp as a way of supporting conservation. Many of those against the change for the 2018 Contest did not want the inclusion of hunting- related items to detract from the primary waterfowl focus of the stamp. Other commenters expressed no strong opinion on the proposed change but were not supportive of a permanent change. Service Response: We recognize that responses to the change proposed for the 2018 Contest are mixed. However, we believe this one- time change to recognize the contributions of hunters and hunting to waterfowl conservation is appropriate and will not negatively impact the Stamp or the Contest; therefore, we are making that proposal, which is specific only to the 2018 Contest, final in this rule. Inclusion of a Theme (3) Comment: Two commenters urged that any changes to, or requirements for, a theme be done only with careful consideration of all aspects of the stamp program, artists, and purchasers of the stamp. There were also suggestions that art changes be ``recommended'' rather than mandatory. The suggestion was made that proposed themes should have an intrinsic biological or conservation message. Several other commenters expressed their opinion that an appropriate Contest theme could bring increased exposure to the program, while other commenters believed that the inclusion of an annual theme would make a poor quality stamp and would not significantly improve the resulting design. Several also suggested that the inclusion of objects (such as humans or dogs) to satisfy the requirement of addressing the theme would detract from the natural beauty of the depicted waterfowl. Service Response: The concept of having a theme to the Contest is not new. Previous themes have included ``Retrievers Save Game,'' ``Wildlife Needs Water: Preserve Wetlands,'' ``Habitat Produces Ducks,'' and ``Ducks for Recreation.'' Different themes have also been used in marketing the annual stamp. The extent to which the 2019-20 theme and stamp increases exposure to the Federal Duck Stamp Program will be contingent upon the ability of the Service and its partners to share our message with traditional audiences and others. Regarding the inclusion of objects in the stamps, there are several examples of previous stamps that contain objects such as decoys, dogs, and hunters that have made memorable stamps. The judges' mandate has been, and will remain, that they choose the design that will best make an attractive Federal Duck Stamp. Hunter Recognition (4) Comment: Several commenters approved of recognizing our hunting heritage and applauded the Service for recognizing the huge financial commitment hunters annually put toward wildlife conservation. Several other commenters believed that the best way to keep support for ethical hunting is to actively educate and show others that hunters also care about wildlife and healthy ecosystems. Service Response: The recognition of waterfowl hunters' contributions to wildlife and habitat conservation will further the Department of the Interior's priorities of hunter retention and recruitment, and of increased sportsperson access on public lands. By focusing on the long heritage of waterfowl hunting on the 2019-20 Federal Duck Stamp, we acknowledge the contributions of other hunters, anglers, and shooters as conservationists. Further, upon its conception in 1934, the proper name of the Federal Duck Stamp was the ``Migratory Bird Hunting Stamp.'' The name became ``Migratory Bird Hunting and Conservation Stamp'' with the 1977- 78 stamp to reflect the broader conservation aspects and primary goal of the stamp. While the theme and inclusion of a hunting-related accessory and/or scene will be mandatory in the 2019-20 Federal Duck Stamp design, the central and dominant aspect is still a live portrayal of one of the five eligible waterfowl species. [[Page 12277]] Raising Funds for Wildlife Habitat Conservation (5) Comment: Commenters questioned whether the proposed change would increase interest in the Duck Stamp Program and boost the annual sale of stamps. Several believed that recognizing the contributions of one group over others could be divisive, and the hunting theme could alienate non-consumptive buyers, such as stamp collectors or those expressing support for the National Wildlife Refuge System. Although these discretionary purchasers obtain the stamp for reasons other than ``because it is mandatory,'' their contribution also goes to the conservation of habitat. Lastly, several commenters mentioned the lack of a solid marketing strategy for Duck Stamps and the need for a marketing company to provide direction on boosting sales. Service Response: The Federal Duck Stamp has been mandatory to hunt waterfowl for the past 85 years, and has been incredibly successful in conserving habitat for wildlife. By using the theme ``celebrating our waterfowl hunting heritage'' on the 2019-20 stamp, we are recognizing the conservation contributions (over $1 billion) made by millions of waterfowl hunters over this period. We appreciate those who voluntarily help fund wildlife habitat conservation through their purchase of Federal Duck Stamps and will continue to encourage non-consumptive wildlife resource users, stamp collectors, and other conservationists to purchase Federal Duck Stamps to support migratory bird habitat conservation. Over the past several years, there has been a concerted effort to encourage purchase of the stamp by birders and other conservationists. We hope that current non- consumptive purchasers will recognize that hunting is part of the tradition behind the Federal Duck Stamp and will continue to support the conservation afforded by stamp sales. The inclusion of the ``celebrating our waterfowl hunting heritage'' theme provides the opportunity to present information on the history and tradition of waterfowl hunting in the United States. Lastly, comments regarding marketing the Duck Stamp are beyond the scope of this rule. Artist Issues (6) Comment: Several artists said that they will not be able to properly execute their designs between the time the rules are finalized for 2018 and the Contest due date. Most artists expressed resentment of changes that are not finalized more than 12 months ahead of the beginning of the Contest year and would prefer that we provide final Contest rules and each year's eligible species list at least 3 years ahead of the annual Contest open date. Adding mandatory elements with less than a year to research and gather reference materials, design, and then execute their entries will prevent some artists from entering the 2018 Contest. Several commenters were upset with changing the waterfowl species previously advertised as being eligible. Several artists felt that the mandatory ``inclusion of a hunting accessory'' would alienate or discourage many artists. By changing hunting elements from optional to mandatory, several artists stated that they will not enter the Contest on principle. Not all artists are waterfowl hunters or are part of the hunting culture, so they expressed the opinion that they would be at a severe disadvantage as to what qualifies as a hunting accessory. It was suggested that ``hunting accessories'' be kept as ``optional'' and the rules to read ``recommended but not mandatory.'' Service Response: We understand the artists' desire to have rules available to them as early as possible and appreciate the amount of preparation and research needed before artists can design and execute their entries. Unfortunately, we are unable to provide final rules 12 to 36 months ahead of the relevant Contest date. Regarding the eligible species list, the five ``tentative'' species first listed for 2018, as advertised in September 2016, were not considered the most appropriate species for depiction in a stamp illustrating the proposed ``celebrating our waterfowl hunting heritage'' theme. Five new species were selected for the 2018 Contest and advertised in October 2017, well ahead of the publication of the annual rules brochure. Reference materials for these five relatively common, widespread waterfowl species are readily available to most wildlife artists. The change in species was advertised on our Duck Stamp website, as well as communicated to individual artists who had participated in the previous years' Contests and who had provided an active email address. Future years' eligible species lists are considered and denoted as ``tentative'' until the publication of the annual Contest brochure (usually in January). It is not our intention to alienate potential Duck Stamp Contest artists. We hope that the proposed theme will encourage both artists and stamp purchasers to learn more about the rich tradition of waterfowl hunting. Decoys and hunting dogs are among the examples of elements that can be included to satisfy this requirement. Artist Recognition (7) Comment: To increase artist participation in the Contest, several commenters suggested that small prizes such as ribbons or other recognition items of low monetary value be awarded to Contest finalists. Service Response: We will consider recognizing all artists whose entry successfully enters the final round of Contest judging. We may provide a ribbon or other small recognition item. All artists who enter the Contest will continue to receive a letter of appreciation from the Duck Stamp Office with the return of their artwork. Entry Fees and Entries (8) Comment: Several artists suggested lowering the entry fee to encourage additional artists to enter. Others believed that we should limit the number of times a person can win to twice. Service Response: At the current fee of $125 per entry, approximately 500 entries would be needed to run the Contest entirely from artist entry fees. Due to the costs associated with the Contest, we do not anticipate lowering entry fees. We remain committed to providing a prestigious, well-ordered Contest. Regarding the limiting of entries, in the 85-year history of the Program, there have been 60 different artists whose work has graced the Federal Duck Stamp. Thirteen artists have illustrated two or more stamps (36 of 70 open competitions). We do not anticipate changing the number of times that an artist can participate in the Contest, but we will continue to require winning artists to wait 3 years before entering again. Judging Requirement/Scoring Assessment for 2018 Contest (9) Comment: Three commenters were in opposition to the following proposed change: In 2018 only, it will also be mandatory that all selected judges have an understanding and appreciation of the waterfowl hunting heritage and be able to recognize waterfowl hunting accessories. The commenters believe that only the ``best art for the stamp'' should be the basis for the judges' decision and further believe that while the judging panel overall should have the necessary qualifications, individual judge selection should not be limited by a single restrictive requirement. One commenter expressed strong support that the judges have an understanding [[Page 12278]] and appreciation for waterfowl hunting heritage. Service Response: We will develop a slate of qualified nominees to be judges that will be forwarded to the Secretary of the Interior, or his designee, for concurrence. All potential judges will be deemed as qualified if they have one or more of the following qualifications: Recognized art credentials; knowledge of the anatomical makeup and the natural habitat of the eligible waterfowl species; an understanding of the wildlife sporting world in which the Duck Stamp is used; an awareness of philately and the role the Duck Stamp plays in stamp collecting; and demonstrated support for the conservation of waterfowl and wetlands through active involvement in the conservation community. Duck Stamp Collectors (10) Comment: Comments from those self-identifying as Duck Stamp collectors were mixed. Some believed that their collecting habits would decrease if the traditional Duck Stamp design was radically altered, while others believed that some variation from the standard design could be well accepted. Service Response: As purchasers of the Federal Duck Stamp, collectors are valued customers and conservation partners. We do not believe that the winning artwork will create a stamp that will be radically different from historical stamps. We do not anticipate this rule will greatly impact whether or not collectors will purchase the 2019-20 Duck Stamp. Eligible Species and Other Themes (11) Comment: Several people commented on the species list of primary subjects eligible for selection each year, including a suggestion to rotate winning species to the bottom of the eligible species list since multiple stamps have featured the mallard, Canada goose, and wood duck. Another commenter suggested it was time to update the overall list from which each year's species are chosen, while one suggested different stamps for different flyways or U.S. territories might be a better way to increase funds for conservation. Commenters also proposed several other themes with different required elements. A suggestion was also made that to require an ``old- style black-and-white'' version of the stamp for one year in order to highlight the history of the stamp and the role of collectors. Service Response: Five or fewer species of waterfowl are chosen to be eligible for each year's Contest from a list of native North American waterfowl species. Artists are instructed to choose at least one of these eligible species as their dominant design feature. Canvasback and mallard have each appeared on six Federal Duck Stamps, wood duck on three. Twenty-four species have only been depicted once. Many of these 24 have been among the 5 eligible species provided annually as subjects and have been represented in the top three designs for many Contests. Regarding the comment about using different stamps in different Flyways, while we agree that each Flyway may have preferred species for a Federal Duck Stamp, the cost and time required to produce four annual stamps would result in the loss of funds available for conservation. Likewise, the purpose of this rule is not to develop alternate themes, although we may consider some of these proposals in the future. Carrier Design (12) Comment: Several commenters indicated that providing recognition of and information on hunter contributions to wildlife conservation would be a positive thing for those who do not understand or who oppose hunting. Suggestions were made to include the proposed theme on the carrier or back of the stamp rather than as part of the stamp design itself. Service Response: The carrier of the stamp--the area around the actual stamp on the pane of one, dollar-bill-size, pressure-sensitive adhesive stamp--is created by the stamp designer with input from the artist and the Federal Duck Stamp Office. It is the current practice of the Duck Stamp Office to include educational and celebratory information on the carrier of the stamp and on other products. Depiction of Firearms (13) Comment: Several commenters expressed negative opinions regarding hunting, as well as the possible representation of firearms as part of the stamp design. Service Response: Issues regarding gun violence are beyond the scope of this rule. Hunting is a recognized wildlife management tool, and the Service supports the legal and ethical right of lawful hunters to use firearms to hunt wildlife. The 2018 Contest entry may include other appropriate items to fulfill the thematic requirement that a waterfowl hunting-related accessory and/or scene be included in a 2018 contestant's design. Summary of Changes From the November 28, 2017, Proposed Rule This rule includes no significant changes based on public comments to the proposed rule published on November 28, 2017 (82 FR 56201). As an administrative update, this rule does newly specify the delivery address of artwork submitted to the Contest at 50 CFR 91.16(b). Amendments to Existing Regulations This rule contains the following changes to the regulations: We update contact information at Sec. Sec. 91.1(b), 91.11, and 91.16(b). We update the common and scientific names and ordering of eligible species listed at Sec. 91.4. We set forth the 2018 Contest restriction on subject matter for entries at Sec. 91.14(b). We remove and reserve Sec. 91.15. We set forth an additional judge qualification for the 2018 Contest at Sec. 91.21(b)(2). We set forth language at Sec. 91.23(b) to reflect the mandatory theme to be applied in the 2018 Contest. Actions specific to the 2018 Contest will be valid only for the 2018 Contest; they will no longer be valid after September 16, 2018. We will engage in rulemaking sometime after September 16, 2018, to remove the requirements specific to the 2018 Contest from the regulations. Required Determinations For this final rule, we affirm the following required determinations provided in our November 28, 2017, proposed rule (82 FR 56201): Regulatory Flexibility Act (5 U.S.C. 601 et seq.); and Executive Order (E.O.) 13771. Further, for this final rule, we affirm the following required determinations provided in our February 11, 2016, proposed rule (81 FR 7279): Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)); Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.); Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.); National Environmental Policy Act (42 U.S.C. 4321 et seq.); and Executive Orders 12630, 12866, 12988, 13132, 13175, 13211, and 13563. List of Subjects in 50 CFR Part 91 Hunting, Wildlife. Regulation Promulgation For the reasons stated in the preamble, we amend 50 CFR part 91, as set forth below: [[Page 12279]] PART 91--MIGRATORY BIRD HUNTING AND CONSERVATION STAMP CONTEST 0 1. The authority citation for part 91 continues to read as follows: Authority: 5 U.S.C. 301; 16 U.S.C. 718j; 31 U.S.C. 9701. 0 2. Amend Sec. 91.1(b) by revising the third sentence to read as follows: Sec. 91.1 Purpose of regulations. * * * * * (b) * * * These documents can also be downloaded from our website at: http://www.fws.gov/birds/get-involved/duck-stamp.php. * * * * * 0 3. Revise Sec. [thinsp]91.4 to read as follows: Sec. [thinsp]91.4 Eligible species. Five or fewer of the species listed below will be identified as eligible each year; those eligible species will be provided to each contestant with the information provided in Sec. 91.1. (a) Whistling-Ducks. (1) Fulvous Whistling-Duck (Dendrocygna bicolor). (2) Black-bellied Whistling-Duck (Dendrocygna autumnalis). (b) Geese. (1) Emperor Goose (Anser canagicus). (2) Snow Goose (including ``white'' and ``blue'' morphs) (Anser caerulescens). (3) Ross's Goose (Anser rossii). (4) Greater White-fronted Goose (Anser albifrons). (5) Brant (Branta bernicla). (6) Cackling Goose (Branta hutchinsii). (7) Canada Goose (Branta canadensis). (c) Swans. (1) Trumpeter Swan (Cygnus buccinator). (2) Tundra Swan (Cygnus columbianus). (d) Dabbling Ducks. (1) Wood Duck (Aix sponsa). (2) Blue-winged Teal (Spatula discors). (3) Cinnamon Teal (Spatula cyanoptera). (4) Northern Shoveler (Spatula clypeata). (5) Gadwall (Mareca strepera). (6) American Wigeon (Mareca americana). (7) Mallard (Anas platyrhynchos). (8) American Black Duck (Anas rubripes). (9) Mottled Duck (Anas fulvigula). (10) Northern Pintail (Anas acuta). (11) Green-winged Teal (Anas crecca). (e) Diving Ducks. (1) Canvasback (Aythya valisineria). (2) Redhead (Aythya americana). (3) Ring-necked Duck (Aythya collaris). (4) Greater Scaup (Aythya marila). (5) Lesser Scaup (Aythya affinis). (f) Sea-Ducks. (1) Steller's Eider (Polysticta stelleri). (2) Spectacled Eider (Somateria fischeri). (3) King Eider (Somateria spectabilis). (4) Common Eider (Somateria mollissima). (5) Harlequin Duck (Histrionicus histrionicus). (6) Surf Scoter (Melanitta perspicillata). (7) White-winged Scoter (Melanitta fusca). (8) Black Scoter (Melanitta americana). (9) Long-tailed Duck (Clangula hyemalis). (10) Bufflehead (Bucephala albeola). (11) Common Goldeneye (Bucephala clangula). (12) Barrow's Goldeneye (Bucephala islandica). (g) Mergansers. (1) Hooded Merganser (Lophodytes cucullatus). (2) Common Merganser (Mergus merganser). (3) Red-breasted Merganser (Mergus serrator). (h) Stiff Tails. (1) Ruddy Duck (Oxyura jamaicensis). (2) [Reserved] 0 4. Revise Sec. 91.11 to read as follows: Sec. 91.11 Contest opening date and entry deadline. The contest officially opens on June 1 of each year. Entries must be postmarked no later than midnight, August 15. For the latest information on contest time and place as well as all deadlines, please visit our website at http://www.fws.gov/birds/get-involved/duck-stamp.php or call (703) 358-2145. 0 5. Revise Sec. [thinsp]91.14 to read as follows: Sec. [thinsp]91.14 Restrictions on subject matter for entry. (a) General restrictions. A live portrayal of any bird(s) of the five or fewer identified eligible waterfowl species must be the dominant feature of the design. The design may depict more than one of the eligible species. The judges' overall mandate is to select the best design that will make an interesting, useful, and attractive duck stamp that will be accepted and prized by hunters, stamp collectors, conservationists, and others. The design must be the contestant's original hand-drawn creation. The entry design may not be copied or duplicated from previously published art, including photographs, or from images in any format published on the internet. Photographs, computer-generated art, or art produced from a computer printer or other computer/mechanical output device (airbrush method excepted) are not eligible to be entered into the contest and will be disqualified. An entry submitted in a prior contest that was not selected for a Federal or State stamp design may be submitted in the current contest if the entry meets the criteria set forth in this section. (b) The 2018 Contest. In addition to the restrictions set forth in paragraph (a) of this section, in 2018 only, designs will also be required to include appropriate hunting-related accessories and/or scenes celebrating the Federal Duck Stamp's long-standing connection as part of our Nation's waterfowl hunting heritage and the contributions to conservation made by waterfowl hunters. Designs may include, but are not limited to, hunting dogs, hunting scenes, hunting equipment, waterfowl decoys, managed waterfowl areas as the background of habitat scenes, or other designs that represent our waterfowl hunting heritage. The design chosen will clearly meet the theme of ``celebrating our waterfowl hunting heritage.'' Sec. [thinsp]91.15 [Removed and Reserved] 0 6. Remove and reserve Sec. [thinsp]91.15. 0 7. Revise Sec. 91.16(b) to read as follows: Sec. 91.16 Submission procedures for entry. * * * * * (b) Each entry should be appropriately wrapped to protect the artwork and then either hand-delivered or sent by registered mail, certified mail, express mail, or overnight delivery service to: Federal Duck Stamp Contest, U.S. Fish and Wildlife Service, MS: MB, 5275 Leesburg Pike, Falls Church, VA 22041. 0 8. In Sec. [thinsp]91.21, designate the text of paragraph (b) as paragraph (b)(1) and add a heading for newly designated paragraph (b)(1) and paragraph (b)(2) to read as follows: Sec. [thinsp]91.21 Selection and qualification of contest judges. * * * * * (b) Qualifications--(1) General qualifications. * * * (2) The 2018 Contest. In 2018 only, it will also be mandatory that all selected judges have an understanding and appreciation of the waterfowl hunting heritage and be able to recognize waterfowl hunting accessories. * * * * * 0 9. Revise Sec. [thinsp]91.23 to read as follows: Sec. [thinsp]91.23 Scoring criteria for contest. (a) General criteria. Entries will be judged on the basis of anatomical accuracy, artistic composition, and [[Page 12280]] suitability for reduction in the production of a stamp. (b) The 2018 Contest. In 2018 only, entries will also be judged on how well they illustrate the theme of ``celebrating our waterfowl hunting heritage.'' Dated: February 27, 2018. Jason Larrabee, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks, exercising the authority of the Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2018-05588 Filed 3-20-18; 8:45 am] BILLING CODE 4333-15-P
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Service (AMR Third R&O). Specifically, requirement for submission of reference Stamp Office, U.S. Fish and Wildlife
the AMR Third R&O removed certain field strength measurements in the Service, Department of the Interior,
requirements and associated burdens initial license application, but to MS:MB, 5275 Leesburg Pike, Falls
contained in 47 CFR 73.151, 73.154, and eliminate the requirement to submit Church, VA 22041–3803; (703) 358–
73.155. To the extent the revisions affect additional reference field strength 2145; suzanne_fellows@fws.gov.
reporting or record-keeping measurements in subsequent license SUPPLEMENTARY INFORMATION:
requirements, they reduce those applications; and (4) revised 47 CFR
burdens for AM broadcasters operating 73.155 to eliminate the requirement for Background
with directional antenna arrays. The biennial recertification of the On March 16, 1934, Congress passed,
Commission received approval for the performance of a directional pattern and President Franklin D. Roosevelt
revised information collection licensed pursuant to a MoM proof, signed, the Migratory Bird Hunting
requirements contained under this except when system components have Stamp Act. Popularly known as the
collection from the Office of been repaired or replaced. Duck Stamp Act, it required all
Management and Budget (OMB). Federal Communications Commission. waterfowl hunters 16 years or older to
In the 2015 AM revitalization buy a stamp annually. The revenue
Marlene H. Dortch,
proceeding, the FCC proposed generated from the sale of the stamp is
Secretary.
streamlining certain technical used to buy or lease waterfowl habitat.
requirements to assist AM broadcasters [FR Doc. 2018–05741 Filed 3–20–18; 8:45 am] Since its enactment, the Federal Duck
in providing radio service to consumers. BILLING CODE 6712–01–P Stamp Program has become
For example, almost 40 percent of all internationally known as one of the
AM broadcast stations must employ most popular and successful
directional antenna arrays during some DEPARTMENT OF THE INTERIOR conservation programs ever initiated.
or all of the broadcast day in order to Today, some 1.5 million stamps are sold
avoid interference with other AM Fish and Wildlife Service each year and, as of 2017, Federal Duck
stations. Maintaining a directional Stamps have generated more than $1
signal pattern can be technically 50 CFR Part 91 billion for the preservation of
complex, time-consuming, and [Docket No. FWS–HQ–MB–2015–0161; approximately 6 million acres of
expensive. Such stations are subject to FXMB 12330900000//189//FF09M13200] waterfowl habitat in the United States.
a variety of rules requiring signal Numerous other birds, mammals, fish,
RIN 1018–BB23
strength measurements and other reptiles, and amphibians have similarly
engineering analyses to ensure Federal Migratory Bird Hunting and prospered because of habitat
compliance with their authorizations. Conservation Stamp (Duck Stamp) conservation made possible by the
In the AMR Third R&O, the FCC Contest Regulations program. Many of the Nation’s
eliminated, clarified, or eased several of endangered and threatened species find
the rules governing AM stations using AGENCY: Fish and Wildlife Service, food or shelter on refuges preserved by
directional antenna arrays. First, the Interior. Duck Stamp funds. Moreover, protected
FCC revises 47 CFR 73.154(a) to relax ACTION: Final rule. wetlands help dissipate storm water
the rule on submission of partial proofs runoff, purify water supplies, store flood
of performance of directional AM SUMMARY: The U.S. Fish and Wildlife water, and nourish fish hatchlings
antenna arrays by eliminating the Service (Service or we) is revising important for sport and commercial
requirement to take measurements on regulations governing the annual fishermen.
non-monitored radials adjacent to Federal Migratory Bird Hunting and The first Federal Duck Stamp was
monitored radials. Next, the FCC Conservation Stamp (Duck Stamp) designed by Jay N. ‘‘Ding’’ Darling, a
modified several rules pertaining to AM Contest, also known as the Federal Duck nationally known political cartoonist for
stations that use Method of Moments Stamp Contest (Contest). We are the Des Moines Register and a noted
(MoM) models of directional array updating our contact information, hunter and wildlife conservationist. In
performance. MoM modeling allows updating the common and scientific subsequent years, noted wildlife artists
broadcasters to verify antenna system names of species on our list of Contest were asked to submit designs. The first
performance through computer design subjects, correcting minor Federal Duck Stamp Contest was
modeling, as opposed to sending grammar errors, making changes to opened in 1949 to any U.S. artist who
engineers into the field to take field recognize technological advances in wished to enter. Regulations governing
strength measurements. Thus, a proof stamp design and printing, and the Contest appear at 50 CFR part 91.
using a MoM model is less expensive instituting changes to design elements To select each year’s design, a panel
than taking field strength measurements and judging requirements specific to the of noted art, waterfowl, and philatelic
of an AM station’s directional pattern. 2018 Contest. authorities is appointed by the Secretary
Specifically, the FCC: (1) Revised 47 DATES: This rule is effective March 21, of the Interior (Secretary). Winners
CFR 73.151(c)(1)(ix) to eliminate the 2018. receive no compensation for their work
requirement of obtaining a registered ADDRESSES: You can view the 2018 except for a pane of their stamps signed
surveyor’s certification, provided that Contest Artist Brochure by one of the by the Secretary. However, artists
no new towers are being added to an following methods: maintain the copyright to their artwork
existing AM array and the tower • Duck Stamp Contest and Event and may sell prints of their designs,
geometry is not changed; (2) added 47 Information: https://www.fws.gov/birds/ which are sought by hunters,
sradovich on DSK3GMQ082PROD with RULES
CFR 73.151(c)(1)(x) to extend the get-involved/duck-stamp/duck-stamp- conservationists, and art collectors.
exemption from having to file a new contest-and-event-information.php. An annual rules brochure is
proof with the FCC to any AM tower • Request a copy by contacting the published to announce the Contest and
modification that does not affect the person listed under FOR FURTHER provide artists with official entry forms,
modeled values used in the previously INFORMATION CONTACT. a list of five or fewer eligible species
submitted license proof; (3) revised 47 FOR FURTHER INFORMATION CONTACT: that may be depicted, and instructions
CFR 73.151(c)(3) to retain the current Suzanne D. Fellows, Federal Duck for submitting entries. Any changes to
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![Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Rules and Regulations 12279
PART 91—MIGRATORY BIRD (4) Greater Scaup (Aythya marila). other computer/mechanical output
HUNTING AND CONSERVATION (5) Lesser Scaup (Aythya affinis). device (airbrush method excepted) are
STAMP CONTEST (f) Sea-Ducks. (1) Steller’s Eider not eligible to be entered into the
(Polysticta stelleri). contest and will be disqualified. An
■ 1. The authority citation for part 91 (2) Spectacled Eider (Somateria entry submitted in a prior contest that
continues to read as follows: fischeri). was not selected for a Federal or State
Authority: 5 U.S.C. 301; 16 U.S.C. 718j; 31 (3) King Eider (Somateria spectabilis). stamp design may be submitted in the
U.S.C. 9701. (4) Common Eider (Somateria current contest if the entry meets the
■ 2. Amend § 91.1(b) by revising the mollissima). criteria set forth in this section.
(5) Harlequin Duck (Histrionicus (b) The 2018 Contest. In addition to
third sentence to read as follows:
histrionicus). the restrictions set forth in paragraph (a)
§ 91.1 Purpose of regulations. (6) Surf Scoter (Melanitta of this section, in 2018 only, designs
* * * * * perspicillata). will also be required to include
(b) * * * These documents can also (7) White-winged Scoter (Melanitta appropriate hunting-related accessories
be downloaded from our website at: fusca). and/or scenes celebrating the Federal
http://www.fws.gov/birds/get-involved/ (8) Black Scoter (Melanitta Duck Stamp’s long-standing connection
duck-stamp.php. americana). as part of our Nation’s waterfowl
(9) Long-tailed Duck (Clangula hunting heritage and the contributions
* * * * * hyemalis).
■ 3. Revise § 91.4 to read as follows:
to conservation made by waterfowl
(10) Bufflehead (Bucephala albeola). hunters. Designs may include, but are
§ 91.4 Eligible species.
(11) Common Goldeneye (Bucephala not limited to, hunting dogs, hunting
clangula). scenes, hunting equipment, waterfowl
Five or fewer of the species listed (12) Barrow’s Goldeneye (Bucephala
below will be identified as eligible each decoys, managed waterfowl areas as the
islandica). background of habitat scenes, or other
year; those eligible species will be (g) Mergansers. (1) Hooded Merganser
provided to each contestant with the designs that represent our waterfowl
(Lophodytes cucullatus). hunting heritage. The design chosen
information provided in § 91.1. (2) Common Merganser (Mergus
(a) Whistling-Ducks. (1) Fulvous will clearly meet the theme of
merganser).
Whistling-Duck (Dendrocygna bicolor). ‘‘celebrating our waterfowl hunting
(3) Red-breasted Merganser (Mergus
(2) Black-bellied Whistling-Duck heritage.’’
serrator).
(Dendrocygna autumnalis). (h) Stiff Tails. (1) Ruddy Duck § 91.15 [Removed and Reserved]
(b) Geese. (1) Emperor Goose (Anser (Oxyura jamaicensis).
canagicus). (2) [Reserved] ■ 6. Remove and reserve § 91.15.
(2) Snow Goose (including ‘‘white’’ ■ 7. Revise § 91.16(b) to read as follows:
■ 4. Revise § 91.11 to read as follows:
and ‘‘blue’’ morphs) (Anser
caerulescens). § 91.16 Submission procedures for entry.
§ 91.11 Contest opening date and entry
(3) Ross’s Goose (Anser rossii). deadline. * * * * *
(4) Greater White-fronted Goose The contest officially opens on June 1 (b) Each entry should be appropriately
(Anser albifrons). of each year. Entries must be wrapped to protect the artwork and then
(5) Brant (Branta bernicla). postmarked no later than midnight, either hand-delivered or sent by
(6) Cackling Goose (Branta August 15. For the latest information on registered mail, certified mail, express
hutchinsii). contest time and place as well as all mail, or overnight delivery service to:
(7) Canada Goose (Branta canadensis). deadlines, please visit our website at Federal Duck Stamp Contest, U.S. Fish
(c) Swans. (1) Trumpeter Swan http://www.fws.gov/birds/get-involved/ and Wildlife Service, MS: MB, 5275
(Cygnus buccinator). duck-stamp.php or call (703) 358–2145. Leesburg Pike, Falls Church, VA 22041.
(2) Tundra Swan (Cygnus ■ 5. Revise § 91.14 to read as follows: ■ 8. In § 91.21, designate the text of
columbianus). paragraph (b) as paragraph (b)(1) and
(d) Dabbling Ducks. (1) Wood Duck § 91.14 Restrictions on subject matter for add a heading for newly designated
(Aix sponsa). entry. paragraph (b)(1) and paragraph (b)(2) to
(2) Blue-winged Teal (Spatula (a) General restrictions. A live read as follows:
discors). portrayal of any bird(s) of the five or
(3) Cinnamon Teal (Spatula fewer identified eligible waterfowl § 91.21 Selection and qualification of
contest judges.
cyanoptera). species must be the dominant feature of
(4) Northern Shoveler (Spatula the design. The design may depict more * * * * *
clypeata). than one of the eligible species. The (b) Qualifications—(1) General
(5) Gadwall (Mareca strepera). judges’ overall mandate is to select the qualifications. * * *
(6) American Wigeon (Mareca best design that will make an (2) The 2018 Contest. In 2018 only, it
americana). interesting, useful, and attractive duck will also be mandatory that all selected
(7) Mallard (Anas platyrhynchos). stamp that will be accepted and prized judges have an understanding and
(8) American Black Duck (Anas by hunters, stamp collectors, appreciation of the waterfowl hunting
rubripes). conservationists, and others. The design heritage and be able to recognize
(9) Mottled Duck (Anas fulvigula). must be the contestant’s original hand- waterfowl hunting accessories.
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(10) Northern Pintail (Anas acuta). drawn creation. The entry design may * * * * *
(11) Green-winged Teal (Anas crecca). not be copied or duplicated from ■ 9. Revise § 91.23 to read as follows:
(e) Diving Ducks. (1) Canvasback previously published art, including
(Aythya valisineria). photographs, or from images in any § 91.23 Scoring criteria for contest.
(2) Redhead (Aythya americana). format published on the internet. (a) General criteria. Entries will be
(3) Ring-necked Duck (Aythya Photographs, computer-generated art, or judged on the basis of anatomical
collaris). art produced from a computer printer or accuracy, artistic composition, and
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![12280 Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Rules and Regulations
suitability for reduction in the Fishery Conservation and Management tilefish prior to 12:01 a.m., local time,
production of a stamp. Act (Magnuson-Stevens Act) by March 25, 2018. During the commercial
(b) The 2018 Contest. In 2018 only, regulations at 50 CFR part 622. longline closure, the recreational bag
entries will also be judged on how well Amendment 18B to the FMP limit and possession limits specified in
they illustrate the theme of ‘‘celebrating established a longline endorsement 50 CFR 622.187(b)(2)(iii) and (c)(1),
our waterfowl hunting heritage.’’ program for the commercial golden respectively, apply to all harvest or
Dated: February 27, 2018. tilefish component of the snapper- possession of golden tilefish in or from
grouper fishery and allocated the the South Atlantic EEZ by a vessel with
Jason Larrabee,
commercial golden tilefish annual catch a golden tilefish longline endorsement.
Principal Deputy Assistant Secretary for Fish
limit (ACL) between two gear groups, as The sale or purchase of longline-caught
and Wildlife and Parks, exercising the
authority of the Assistant Secretary for Fish commercial quota: The longline and golden tilefish taken from the EEZ is
and Wildlife and Parks. hook-and-line components (78 FR
prohibited during the commercial
23858; April 23, 2013). On January 2,
[FR Doc. 2018–05588 Filed 3–20–18; 8:45 am] longline closure. The prohibition on
2018, NMFS published a final
BILLING CODE 4333–15–P
temporary rule to implement interim sale or purchase does not apply to the
measures to reduce overfishing of sale or purchase of longline-caught
golden tilefish in Federal waters of the golden tilefish that were harvested,
DEPARTMENT OF COMMERCE landed ashore, and sold prior to 12:01
South Atlantic (83 FR 65). As a result
of the interim measures, the total ACL a.m., local time, March 25, 2018, and
National Oceanic and Atmospheric those that were held in cold storage by
Administration for golden tilefish for the 2018 fishing
year is 323,000 lb (146,510 kg), gutted a dealer or processor. Additionally, the
weight, and the commercial ACL is recreational bag and possession limits
50 CFR Part 622 and the sale and purchase provisions of
313,310 lb (142,115 kg), gutted weight.
[Docket No. 120404257–3325–02] The current commercial quota for the the commercial closure apply to a
RIN 0648–XF971 2018 fishing year for the longline person on board a vessel with a golden
component is 234,982 lb (106,586 kg), tilefish longline endorsement, regardless
Fisheries of the Caribbean, Gulf of gutted weight. The interim measures of whether the golden tilefish are
Mexico, and South Atlantic; 2018 implemented through the temporary harvested in state or Federal waters, as
Commercial Accountability Measure final rule are effective through July 1, specified in 50 CFR 622.190(c)(1).
and Closure for South Atlantic Golden 2018. NMFS is evaluating extension of
Tilefish the interim measures for up to an Classification
AGENCY: National Marine Fisheries additional 186 days. The Regional Administrator for the
Under 50 CFR 622.193(a)(1)(ii), NMFS NMFS Southeast Region has determined
Service (NMFS), National Oceanic and
is required to close the commercial this temporary rule is necessary for the
Atmospheric Administration (NOAA),
longline component for golden tilefish conservation and management of South
Commerce.
when the longline component’s
ACTION: Temporary rule; closure. Atlantic golden tilefish and is consistent
commercial quota has been reached, or
with the Magnuson-Stevens Act and
SUMMARY: NMFS implements an is projected to be reached, by filing a
other applicable laws.
accountability measure for the notification to that effect with the Office
of the Federal Register. After the This action is taken under 50 CFR
commercial longline component for
commercial quota for the longline 622.193(a)(1)(v) and is exempt from
golden tilefish in the exclusive
component is reached or projected to be review under Executive Order 12866.
economic zone (EEZ) of the South
Atlantic. Commercial longline landings reached, golden tilefish may not be These measures are exempt from the
for golden tilefish are projected to reach commercially fished or possessed by a procedures of the Regulatory Flexibility
the longline component’s commercial vessel with a golden tilefish longline Act, because the temporary rule is
quota on March 25, 2018. Therefore, endorsement. Based on projected issued without opportunity for prior
NMFS closes the commercial longline landings, NMFS has determined that the notice and comment.
component of golden tilefish in the commercial quota for the golden tilefish This action responds to the best
South Atlantic EEZ on March 25, 2018. longline component in the South scientific information available. The
This closure is necessary to protect the Atlantic will be reached on March 25,
Assistant Administrator for NOAA
golden tilefish resource. 2018. Accordingly, the commercial
Fisheries (AA) finds that the need to
longline component of South Atlantic
DATES: This rule is effective 12:01 a.m., immediately implement this action to
golden tilefish is closed effective 12:01
local time, March 25, 2018, until 12:01 close the commercial longline
a.m., local time, March 25, 2018.
a.m., local time, January 1, 2019. During the commercial longline component for golden tilefish
FOR FURTHER INFORMATION CONTACT: closure, golden tilefish may still be constitutes good cause to waive the
Mary Vara, NMFS Southeast Regional harvested commercially using hook- requirements to provide prior notice
Office, telephone: 727–824–5305, email: and-line gear. However, a vessel with a and opportunity for public comment
mary.vara@noaa.gov. golden tilefish longline endorsement is pursuant to the authority set forth in 5
SUPPLEMENTARY INFORMATION: The not eligible to fish for or possess golden U.S.C. 553(b)(B), as such procedures for
snapper-grouper fishery of the South tilefish using hook-and-line gear under this temporary rule would be
Atlantic includes golden tilefish and is the hook-and-line commercial trip limit, unnecessary and contrary to the public
managed under the Fishery as specified in 50 CFR 622.191(a)(2)(ii). interest. Such procedures are
sradovich on DSK3GMQ082PROD with RULES
Management Plan for the Snapper- The operator of a vessel with a valid unnecessary, because the regulations at
Grouper Fishery of the South Atlantic Federal commercial vessel permit for 50 CFR 622.193(a)(1)(v) have already
Region (FMP). The FMP was prepared South Atlantic snapper-grouper and a been subject to notice and comment,
by the South Atlantic Fishery valid commercial longline endorsement and all that remains is to notify the
Management Council (Council) and is for golden tilefish with golden tilefish public of the closure. Prior notice and
implemented by NMFS under the on board must have landed and opportunity for public comment on this
authority of the Magnuson-Stevens bartered, traded, or sold such golden action are contrary to the public
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Document Created: 2018-03-21 00:45:21
Document Modified: 2018-03-21 00:45:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective March 21, 2018. | |
| 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] | |
| FR Citation | 83 FR 12275 | |
| RIN Number | 1018-BB23 | |
| CFR Associated | Hunting and Wildlife |
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