[Federal Register Volume 62, Number 88 (Wednesday, May 7, 1997)]
[Rules and Regulations]
[Pages 24844-24845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11775]
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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
[[Page 24845]]
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]
BILLING CODE 4310-55-M
