1977 Migratory Bird Hunting and Conservation Stamp (Federal Duck Stamp) Contest

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR PART 91

RIN 1018-AE07

1977 Migratory Bird Hunting and Conservation Stamp (Federal Duck

Stamp) Contest

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service) revises the

regulations governing the conduct of the 1997 Migratory Bird Hunting

and Conservation Stamp (Federal Duck Stamp) Contest. The amendments

include the following changes: deadline September 15 for submitting

entry; setting uniformity for design to mat the entry over only; and

entry must be contestant's original ``hand drawn'' creation.

EFFECTIVE DATE: The rule is effective July 1, 1997, the beginning of

the 1997-98 contest.

ADDRESSES: Manager of Licensing, Federal Duck Stamp Contest, U.S. Fish

and Wildlife Service, Department of the Interior, 1849 C Street, N.W.,

Suite 2058, Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT: Mrs. Lita F. Edwards, (202) 208-4354.

SUPPLEMENTARY INFORMATION: The Service published the proposed rule to

amend these regulations on January 30, 1997 (62 FR 4516).

The Federal Duck Stamp Contest (Contest) is the only Federal

agency-run art contest and has been in existence since 1949 with the

1950 stamp the first to be selected on open competition. The Federal

Duck Stamp's main use is a revenue stamp needed by waterfowl hunters.

This year's Contest and species information follows:

1. Contest schedule:

1997-98 Federal Duck Stamp Contest--November 4-6, 1997

Public Viewing--Tuesday, November 4 from 10:00 a.m. to 2:00 p.m.

Judging--Wednesday, November 5 at 10:30 a.m. through Thursday, November

6 at 9:00 a.m.

2. The Contest will be held at the Department of the Interior

building, Auditorium (C Street entrance), 1849 C Street, NW,

Washington, DC.

3. The three eligible species for the Contest: (1) Barrow's

Goldeneye; (2) Black Scoter; and (3) Mottled Duck.

As part of an effort to administer and make minor improvements to

the Contest, the Service makes the following changes to this year's

contest:

1. Persons entering the 1997 Contest may submit entries anytime

after July 1, but all entries must be postmarked no later than midnight

Monday, September 15, 1997.

2. The Service requires that each entry must be matted (over only)

with a 9 x 12 inch white mat, 1 inch wide, and the entire entry cannot

exceed \1/4\ inch in total thickness. This new format is a requirement

to secure the artwork from being damaged and sets uniformity for

exhibiting at various museums across the country.

3. The Service clarifies that the identified species must be the

dominant feature of the design. The design must be the contestant's

original ``hand drawn'' creation. The design may not be copied or

duplicated from previously published art, including photographs.

Photographs, computer-generated art, art produced from a computer

printer or other computer' mechanical output device (air brush method

excepted) are ineligible and will be disqualified.

The contest deadline was reestablished for submitting entry to

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allow participants additional time to research the anatomy of eligible

species since many species are located in many diverse geographical

regions and may require more investigation and perfection of the

artwork. The Service clarifies that other living creatures, scenes and

designs may be part of the design as long as the identified species are

the dominant feature.

Analysis of Public Comment

The Service received 12 comments via Internet Website and 2 written

comments from artists requesting reconsideration for submission of

computer-generated art to the contest. Many disagreed with the

Service's proposed change that the participant's original design should

be ``hand drawn.'' The respondents were in agreement that the computer

is a form of medium and the artist should be able to choose any medium

to paint the art. They further stated that the computer is an art tool,

the same concept of using airbrush and pencil, and is a new and

creative way of painting. The respondents feel that digital paintings

are original and as dependent on the talents and skills of the artists

as any traditionally rendered painting. If computer technology can be

used to save a duck through migration studies, surgical procedures, oil

spill clean ups, the respondents questioned why can't it be used as a

tool to draw a duck. Many artists today are using computers for drawing

and painting; and it is possible to create ''art drawn by hand'' by

using a pressure-sensitive digital tablet, but the computer paintings

must be sent to a mechanical device to be printed. By using this

method, artists have to make each stroke by hand on the digital tablet.

It was suggested that if we want to consider making changes, we should

say ``no to manipulated photographs'' or request proof of originality

of the art required of all entries.

Service Response

The Service considered all of the comments, but the Federal Duck

Stamp Program's intent is to keep the art competition as the

traditional American art form that it is and has been for over 48

years. The Service feels the history, tradition, and beauty of this

unique art form should be maintained by requiring art entries to be

``original'' hand created in the traditional ``hand painted'' manner

that artist have been submitting for 48 years.

The Federal Duck Stamp Office acknowledges that the computer is a

creative tool. However, computer art has the potential for fraud and

plagiarism and also puts an undue burden on the artists and judges for

assuring the originality of the work. It almost would be impossible to

prove that ``printed'' entries are original art, since through the

Internet, computer users can download prints from almost any source.

It is, therefore, the Government's decision to disallow any work or

creation that is generated by computer or other mechanical means that

are not ``hand drawn.''

This regulation was not subject to Office of Management and Budget

review under Executive Order 12866. These final regulations have been

examined under the Paperwork Reduction Act of 1995 and have been found

to contain no information collection requirements. The Department of

the Interior has determined that this regulation will not have

significant economic effect on a substantial number of small entities

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) as the

changes/revisions to the Contest will affect individuals, not

businesses or other small entities as defined in the Act.

List of Subjects in 50 CFR 91

Hunting, Wildlife.

Accordingly, Title 50, Part 91 of the Code of Federal Regulations

is amended as follows:

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.

PART 91--[AMENDED]

2. Section 91.11 is amended by revising paragraph (b) to read as

follows:

Sec. 91.11 Contest deadlines.

* * * * *

(b) Entries must be postmarked no later than midnight, September

15.

3. Section 91.13 is revised to read as follows:

Sec. 91.13 Technical requirements for design and submission of entry.

The design must be a horizontal drawing or painting seven (7)

inches high and ten (10) inches wide. The entry may be drawn in any

medium desired by the contestant and may be in either multicolor or

black and white. No scrollwork, lettering, bird band numbers,

signatures or initials may appear on the design. Each entry must be

matted (over only) with a nine (9) inch by twelve (12) inch white mat,

one (1) inch wide, and the entire entry cannot exceed one quarter (\1/

4\) inch in total thickness. Entries must not be framed, under glass,

or have a protective covering that is attached to the entry.

4. Section 91.14 is revised to read as follows:

Sec. 91.14 Restrictions on subject matter to entry.

A live portrayal of any bird(s) of the five or fewer identified

eligible species must be the DOMINANT feature of the design. The design

may depict more than one of the eligible species, Designs may include,

but are not limited to, hunting dogs, hunting scenes, use of waterfowl

decoys, National Wildlife Refuges as the background of habitat scenes,

and other designs that depict the sporting, conservation, stamp

collecting and other uses of the stamp. The overall mandate will be to

select the best design that will make an interesting, useful and

attractive duck stamp that will be accepted and prized by hunters,

stamp collectors, conservationists, and others. The design must be the

contestant's original ``hand drawn'' creation. The entry design may not

be copied or duplicated from previously published art, including

photographs. Photographs, computer-generated art, 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 the Federal or a state stamp design may be submitted

in the current contest if it meets the above criteria.

Dated: April 20, 1997.

Dan Barry,

Deputy Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 97-11775 Filed 5-6-97; 8:45 am]

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