50 CFR - § 91.1-91.31 - Migratory Bird Hunting and Conservation Stamp Contest

707 U.S. Fish and Wildlife Serv., Interior § 91.1 execute and deliver to any officer au thorized to enforce this part written assurances as follows: (a) That grain made available to him under this part will be used exclusively for the prevention and abatement of crop damage by migratory waterfowl and that no portion of such grain will be sold, donated, exchanged, or used as feed for livestock or other domestic animals or for any other purpose; (b) That consent is granted to any of ficer authorized to enforce this part, to inspect, supervise or direct the place ment and distribution of grain made available under this part for the pre vention of crop damage at all reason able times; (c) That free and unrestricted access over the premises on which feeding op erations have been or are to be con ducted shall be permitted at all reason able times, by any officer authorized to enforce this part and that such infor mation as may be required by the offi cer will be promptly furnished; and (d) That the applicant will not take, nor permit his agents, employees, invitees, or other persons under his control to take migratory game birds on or over any lands or waters subject to his control, during the time such grain is placed, exposed, deposited, dis tributed, scattered, or present upon such lands or waters, nor for a period of 10 days immediately following the consumption or removal of such grain from such lands or waters. § 90.17 Compliance with other regula tions. Nothing in this subpart shall be con strued to supersede or modify any reg ulations relating to the hunting of mi gratory game birds, nor to permit the transportation, installation or use of grain contrary to any applicable Fed eral, State, or local laws or regula tions. PART 91—MIGRATORY BIRD HUNT ING AND CONSERVATION STAMP CONTEST Subpart A—Introduction Sec. 91.1 Purpose of regulations. 91.2 Definitions. 91.3 Public attendance at contest. 91.4 Eligible species. Subpart B—Procedures for Entering the Contest 91.11 Contest opening date and entry dead line. 91.12 Contest eligibility. 91.13 Technical requirements for design and submission of entry. 91.14 Restrictions on subject matter for entry. 91.15 [Reserved] 91.16 Submission procedures for entry. 91.17 Property insurance for contest entries. 91.18 Failure to comply with contest regula tions. Subpart C—Procedures for Administering the Contest 91.21 Selection and qualification of contest judges. 91.22 Display of contest entries. 91.23 Scoring criteria for contest. 91.24 Contest procedures. Subpart D—Post-Contest Procedures 91.31 Return of entries after contest. AUTHORITY: 5 U.S.C. 301; 16 U.S.C. 718j; 31 U.S.C. 9701. SOURCE: 53 FR 16344, May 6, 1988, unless otherwise noted. Subpart A—Introduction § 91.1 Purpose of regulations. (a) The purpose of these regulations is to establish procedures for selecting a design that will be used for the an nual Migratory Bird Hunting and Con servation Stamp (Federal Duck Stamp). (b) All individuals entering the con test must comply with these regula tions. A copy of the regulations, along with the Reproduction Rights Agree ment and Display and Participation Agreement, may be requested from the Federal Duck Stamp Office at the ad dress for the Division of Bird Habitat Conservation provided at 50 CFR 2.1(b). These documents can also be downloaded from our website at: http:// www.fws.gov/birds/get-involved/duck stamp.php. (c) All contestants from the most re cent contest will be sent a copy of the VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00717 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 708 50 CFR Ch. I (10–1–23 Edition) § 91.2 regulations, the Display and Participa tion Agreement, and the Reproduction Rights Agreement. [56 FR 22815, May 16, 1991, as amended at 71 FR 39014, July 11, 2006; 79 FR 43967, July 29, 2014; 83 FR 12279, Mar. 21, 2018] § 91.2 Definitions. Contest Coordinator— the contest offi cial responsible for overseeing the judges’ scores for each entry. The con test coordinator will be named by the Secretary of the Interior and will not be a past or present employee of the Fish and Wildlife Service. Display and participation agreement—a document that each contestant must complete, sign, and submit with the entry. The signed agreement allows the Service to display the entry at various locations for promotional purposes, and requires the artist to participate in events on behalf of the Federal Duck Stamp Program. Qualifying entry— each original work of art submitted to the contest that satisfies the requirements outlined in subpart B. Reproduction rights agreement—a docu ment that each contestant must sign and submit with the entry. The signed agreement certifies that the entry is an original work of art and stipulates how the Fish and Wildlife Service may use the winning entry. [53 FR 16344, May 6, 1988, as amended at 56 FR 22815, May 16, 1991; 71 FR 39014, July 11, 2006] § 91.3 Public attendance at contest. All phases of the voting process will be open for viewing by the general pub lic. § 91.4 Eligible species. Five or fewer of the species listed below will be identified as eligible each year; those eligible species will be pro vided to each contestant with the in formation provided in § 91.1. (a) Whistling-Ducks. (1) Fulvous Whis tling-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 ameri cana). (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 ameri cana). (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 mer ganser). VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00718 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 709 U.S. Fish and Wildlife Serv., Interior § 91.14 (3) Red-breasted Merganser (Mergus serrator). (h) Stiff Tails. (1) Ruddy Duck (Oxyura jamaicensis). (2) [Reserved] [83 FR 12279, Mar. 21, 2018] Subpart B—Procedures for Entering the Contest § 91.11 Contest opening date and entry deadline. The contest officially opens on June 1 of each year. Entries must be post marked no later than midnight, August 15. For the latest information on con test time and place as well as all dead lines, please visit our website at http:// www.fws.gov/birds/get-involved/duck stamp.php or call (703) 358–2145. [83 FR 12279, Mar. 21, 2018] § 91.12 Contest eligibility. (a) U.S. citizens, nationals, or resi dent aliens are eligible to participate in the contest. (b) Any person who has won the con test during the preceding 3 years is in eligible to submit an entry in the cur rent year’s contest. For the 75th con test (2007) only, any artist, even those who won the 2004, 2005, and 2006 con tests may enter. However, 2004, 2005, and 2006 winners must still fulfill their 3-year ineligibility terms after the 2007 contest. The 2007 contest will not count toward fulfilling ineligibility terms of 2004, 2005, or 2006 winners. (c) All entrants must be at least 18 years of age by the contest opening date (see § 91.11) to participate in the contest. (d) Contest judges and their relatives are ineligible to submit an entry. (e) All entrants must submit a non refundable fee of $125.00 by cashier’s check, certified check, or money order made payable to U.S. Fish and Wildlife Service. Personal checks will not be accepted. (f) All entrants must submit a signed Reproduction Rights Agreement and a signed Display and Participation Agreement. [72 FR 6488, Feb. 12, 2007] § 91.13 Technical requirements for de sign and submission of entry. The design must be a horizontal drawing or painting 7 inches high and 10 inches wide. The entry may be drawn in any medium desired by the contestant and may be either multicol ored or black and white. No scrollwork, lettering, bird band numbers, signa tures or initials may appear on the de sign. Each entry must be matted (on the front only) with a 9 inch by 12 inch white mat, 1 inch wide. The matting must be affixed with clear or white tape holding the matting to the pic ture. Entries must not be framed, or under glass, or have any protective covering (other than the matting) at tached to them. The entire entry can not exceed 1⁄4 inch in total thickness. [71 FR 39015, July 11, 2006] § 91.14 Restrictions on subject matter for entry. A live portrayal of any bird(s) of the five or fewer identified eligible water fowl species must be the dominant fea ture of the design. The design may de pict more than one of the eligible spe cies. 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 de sign 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. Pho tographs, 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 con test 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. [86 FR 47596, Aug. 26, 2021] VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00719 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 710 50 CFR Ch. I (10–1–23 Edition) § 91.15 § 91.15 [Reserved] § 91.16 Submission procedures for entry. (a) Each contestant may submit only one entry. Each entry must be accom panied by a non-refundable entrance fee and a completed and signed Repro duction Rights Agreement and a com pleted and signed Display and Partici pation Agreement. The bottom portion of the Reproduction Rights Agreement must be attached to the back of the entry. (b) Each entry should be appro priately wrapped to protect the art work and then either hand-delivered or sent by registered mail, certified mail, express mail, or overnight delivery service to: Federal Duck Stamp Con test, U.S. Fish and Wildlife Service, MS: MB, 5275 Leesburg Pike, Falls Church, VA 22041. [56 FR 22815, May 16, 1991, as amended at 71 FR 39015, July 11, 2006; 83 FR 12279, Mar. 21, 2018] § 91.17 Property insurance for contest entries. Each contestant is responsible for ob taining adequate insurance coverage for his/her entry. Neither the Service nor the Department of the Interior will insure the entries, nor is the Service or Department responsible for loss or damage unless such is caused by Serv ice or Department negligence or willful misconduct. The Service and Depart ment reserve the right to determine whether negligence or willful mis conduct led to artwork being damaged. Entry fees for the subsequent year’s contest may be waived for artists whose artwork we determine to be damaged by any negligence on our part. This waiver remains at our dis cretion. [71 FR 39015, July 11, 2006] § 91.18 Failure to comply with contest regulations. Any entry that does not comply with the requirements of subpart B will be disqualified from the contest. Subpart C—Procedures for Administering the Contest § 91.21 Selection and qualification of contest judges. (a) Selection. Five voting judges and one alternate judge will be selected an nually by the Secretary of the Interior. Current employees of the Fish and Wildlife Service and their relatives are ineligible to serve as judges for the contest. The judges will be reimbursed for reasonable travel expenses. (b) Qualifications. The panel of five judges will comprise individuals who have one or more of the following pre requisites: 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 dem onstrated support for the conservation of waterfowl and wetlands through ac tive involvement in the conservation community. (c) Disqualification. Any contestant who contacts a judge prior to or during the contest will automatically be dis qualified from the current year’s con test and barred from entering the three contests that come after the current year’s contest. [56 FR 22816, May 16, 1991, as amended at 71 FR 39015, July 11, 2006; 83 FR 12279, Mar. 21, 2018; 85 FR 27317, May 8, 2020; 86 FR 47596, Aug. 26, 2021] § 91.22 Display of contest entries. The Federal Duck Stamp Office as signs all eligible entries a number as entries are received. That office dis plays the entries in numerical order at the contest site. [71 FR 39015, July 11, 2006] § 91.23 Scoring criteria for contest. Entries will be judged on the basis of anatomical accuracy, artistic composi tion, and suitability for reduction in the production of a stamp. [86 FR 47596, Aug. 26, 2021] § 91.24 Contest procedures. (a) The day before the judging begins, the judges will be briefed on all aspects VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00720 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 711 U.S. Fish and Wildlife Serv., Interior § 91.31 of the judging procedures and other de tails of the competition, and will pre view all eligible artwork entered. (b) Prior to the first round of judg ing, and prior to the opening of the contest to the public, the judges will spend an additional two hours review ing the entries. (c) In the first round of judging, all qualified entries will be shown one at a time to the judges by the Contest Coor dinator or a contest staff member. The judges will vote ‘‘in’’ or ‘‘out’’ on each entry; those entries receiving a major ity of votes ‘‘in’’ will be eligible for the second round of judging. The remaining entries will be placed on display as a group for public viewing. (d) Prior to the second round of judg ing, each judge may select not more than five entries from those eliminated in the first round. Those additional en tries selected by the judges will be eli gible to be judged in the second round. (e) Prior to the second round of judg ing, the entries selected by the judges under the procedures of paragraphs (c) and (d) of this section will be displayed in numerical order in the front of the auditorium. (f) The technical advisors from the Department of the Interior and the U.S. Postal Service will do a critical analysis of the entries that will be judged in the second round and advise the judges of any serious anatomical problems and/or any serious design problems for the engraver. (g) In the second round of judging, each entry selected in the first round, plus the additional entries selected by judges per paragraph (d) of this section, will be shown one at a time to the judges by the Contest Coordinator or by a contest staff member. Each judge will vote by indicating a numerical score of one (1), two (2), three (3), four (4), or five (5) for each entry. The scores will be totaled to provide each entry’s score. The five entries receiving the five highest scores will be advanced to the third round of judging. (h) In the third round of judging, the judges will vote on the remaining en tries using the same method as in round two, except that they will indi cate a numerical score of three (3), four (4), or five (5) for each entry. The Con test Coordinator will tabulate the final votes and present them to the Director, U.S. Fish and Wildlife Service, who will announce the winning entry as well as the entries that placed second and third. (i) In case of a tie vote for first, sec ond, or third place in the third round, the judges will vote again on the en tries that are tied. The judges will vote using the same method as in round three. (j) The selection of the winning entry by the judges will be final. Each con testant will be notified of the winning artist and the design. The winning art ist will receive a pane of Duck Stamps signed by the Secretary of the Interior at the Federal Duck Stamp Contest the following year. The artists placing first, second, and third will receive a framed commendation from the Direc tor of the U.S. Fish and Wildlife Serv ice. [53 FR 16344, May 6, 1988, as amended at 56 FR 22816, May 16, 1991; 61 FR 25156, May 20, 1996; 71 FR 39015, July 11, 2006; 72 FR 6488, Feb. 12, 2007] Subpart D—Post-Contest Procedures § 91.31 Return of entries after contest. (a) All entries will be returned by certified mail to the participating art ists within 120 days after the contest, unless the artwork is selected to ap pear at one or more wildlife art expo sitions. If artwork is returned to the Service because it is undelivered or un claimed (this may happen if an artist changes address), the Service will not be obligated to trace the location of the artist to return the artwork. Any artist who changes his or her address is responsible for notifying the Service of the change. All unclaimed entries will be destroyed 1 year after the date of the contest. (b) Artists in the third round of judg ing will be chosen to appear in a na tional art tour that will last 1 year. The artwork will be returned to the artists after that period in accordance with the signed participation agree ment. (c) An artist may choose to remove his or her artwork from the tour, but VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00721 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 712 50 CFR Ch. I (10–1–23 Edition) Pt. 92 will forfeit contest eligibility for three successive contests. [72 FR 6488, Feb. 12, 2007] PART 92—MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA Subpart A—General Provisions Sec. 92.1 Purpose of regulations. 92.2 Authority. 92.3 Applicability and scope. 92.4 Definitions. 92.5 Who is eligible to participate? 92.6 Use and possession of migratory birds. 92.7–92.9 [Reserved] Subpart B—Program Structure 92.10 Alaska Migratory Bird Co-manage ment Council. 92.11 Regional management areas. 92.12 Relationship to the process for devel oping national hunting regulations for migratory game birds. 92.13–92.19 [Reserved] Subpart C—General Regulations Governing Subsistence Harvest 92.20 Methods and means. 92.21 Emergency closures. 92.22 Subsistence migratory bird species. 92.23–92.29 [Reserved] Subpart D—Annual Regulations Governing Subsistence Harvest 92.30 General overview of regulations. 92.31 Region-specific regulations. 92.32 Emergency regulations to protect Steller’s eiders. 92.33–92.39 [Reserved] AUTHORITY: 16 U.S.C. 703–712. SOURCE: 67 FR 53517, Aug. 16, 2002, unless otherwise noted. Subpart A—General Provisions § 92.1 Purpose of regulations. The regulations in this part imple ment the Alaska migratory bird sub sistence program as provided for in Ar ticle II(4)(b) of the 1916 Convention for the Protection of Migratory Birds in Canada and the United States (the ‘‘Canada Treaty’’), as amended. § 92.2 Authority. The Secretary of the Interior issues the regulations in this part under the authority granted to the Secretary by the Migratory Bird Treaty Act (MBTA), 16 U.S.C. 703–712. § 92.3 Applicability and scope. (a) In general. The regulations in this part apply to all eligible persons har vesting migratory birds and their eggs for subsistence purposes in Alaska be tween the dates of March 10 and Sep tember 1. The provisions in this part do not replace or alter the regulations set forth in part 20 of this chapter, which relate to the hunting of migratory game birds and crows during the reg ular open season from September 1 through March 10. The provisions set forth in this part implement the excep tion to the closed season, which au thorizes the taking of migratory birds in Alaska for subsistence purposes be tween March 10 and September 1. (b) Land ownership. This part does not alter the legal authorities of Fed eral and State land managing agencies or the legal rights of private land own ers to close their respective lands to the taking of migratory birds. (c) Federal public lands. The provi sions of this part are in addition to, and do not supersede, any other provi sion of law or regulation pertaining to national wildlife refuges or other feder ally managed lands. (d) Migratory bird permits. The provi sions of this part do not alter the terms of any permit or other author ization issued pursuant to part 21 of this chapter. (e) State laws for the protection of mi gratory birds. No statute or regulation of the State of Alaska relieves a person from the restrictions, conditions, and requirements contained in this part. Nothing in this part, however, prevents the State of Alaska from making and enforcing laws or regulations that are consistent with the regulations in this part, the conventions between the United States and any foreign country for the protection of migratory birds, and the Migratory Bird Treaty Act, and that give further protection to mi gratory birds. § 92.4 Definitions. The following definitions apply to all regulations contained in this part: VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00722 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244js pe ar s on D S K 12 1T N 23 P R O D w ith C F R