50 CFR Part 91

§ 90.17

50 CFR Ch. I (10–1–19 Edition)

execute and deliver to any officer authorized 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 officer authorized to enforce this part, to
inspect, supervise or direct the placement and distribution of grain made
available under this part for the prevention of crop damage at all reasonable times;
(c) That free and unrestricted access
over the premises on which feeding operations have been or are to be conducted shall be permitted at all reasonable times, by any officer authorized to
enforce this part and that such information as may be required by the officer 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, distributed, 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 regulations.
Nothing in this subpart shall be construed to supersede or modify any regulations relating to the hunting of migratory game birds, nor to permit the
transportation, installation or use of
grain contrary to any applicable Federal, State, or local laws or regulations.

PART 91—MIGRATORY BIRD HUNTING
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 deadline.
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 regulations.

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 annual Migratory Bird Hunting and Conservation
Stamp
(Federal
Duck
Stamp).
(b) All individuals entering the contest must comply with these regulations. A copy of the regulations, along
with the Reproduction Rights Agreement and Display and Participation
Agreement, may be requested from the
Federal Duck Stamp Office at the address 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/duckstamp.php.
(c) All contestants from the most recent contest will be sent a copy of the

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U.S. Fish and Wildlife Serv., Interior

§ 91.4

regulations, the Display and Participation 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 official responsible for overseeing the
judges’ scores for each entry. The contest 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 document 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 public.
§ 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 § 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).

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§ 91.11

50 CFR Ch. I (10–1–19 Edition)

(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 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/duckstamp.php or call (703) 358–2145.
[83 FR 12279, Mar. 21, 2018]

§ 91.12

§ 91.13 Technical requirements for design 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 multicolored or black and white. No scrollwork,
lettering, bird band numbers, signatures or initials may appear on the design. 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 picture. Entries must not be framed, or
under glass, or have any protective
covering (other than the matting) attached to them. The entire entry cannot exceed 1⁄4 inch in total thickness.
[71 FR 39015, July 11, 2006]

§ 91.14 Restrictions on subject matter
for entry.

Contest eligibility.

(a) U.S. citizens, nationals, or resident aliens are eligible to participate
in the contest.
(b) Any person who has won the contest during the preceding 3 years is ineligible to submit an entry in the current year’s contest. For the 75th contest (2007) only, any artist, even those
who won the 2004, 2005, and 2006 contests 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 nonrefundable 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]

(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 handdrawn 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/

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U.S. Fish and Wildlife Serv., Interior

§ 91.21

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.’’

contest may be waived for artists
whose artwork we determine to be
damaged by any negligence on our
part. This waiver remains at our discretion.
[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

[83 FR 12279, Mar. 21, 2018]

§ 91.15

[Reserved]

§ 91.16 Submission
procedures
for
entry.
(a) Each contestant may submit only
one entry. Each entry must be accompanied by a non-refundable entrance
fee and a completed and signed Reproduction Rights Agreement and a completed and signed Display and Participation Agreement. The bottom portion
of the Reproduction Rights Agreement
must be attached to the back of the
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.
[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 obtaining 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 Service or Department negligence or willful
misconduct. The Service and Department reserve the right to determine
whether negligence or willful misconduct led to artwork being damaged.
Entry fees for the subsequent year’s

§ 91.21 Selection and qualification of
contest judges.
(a) Selection. Five voting judges and
one alternate judge will be selected annually 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—(1) General qualifications. The panel of five judges will
be made up of individuals, all of whom
have one or more of the following prerequisites: recognized art credentials,
knowledge of the anatomical makeup
and the natural habitat of the eligible
waterfowl species, an understanding of
the wildlife sporting world in which the
Duck Stamp is used, an awareness of
philately and the role the Duck Stamp
plays in stamp collecting, and demonstrated support for the conservation
of waterfowl and wetlands through active involvement in the conservation
community.
(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.
(c) Disqualification. Any contestant
who contacts a judge prior to or during
the contest will automatically be disqualified from the current year’s contest 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]

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§ 91.22

50 CFR Ch. I (10–1–19 Edition)

§ 91.22 Display of contest entries.
The Federal Duck Stamp Office assigns all eligible entries a number as
entries are received. That office displays the entries in numerical order at
the contest site.
[71 FR 39015, July 11, 2006]

§ 91.23 Scoring criteria for contest.
(a) General criteria. Entries will be
judged on the basis of anatomical accuracy, artistic composition, and 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.’’
[83 FR 12279, Mar. 21, 2018]

§ 91.24 Contest procedures.
(a) The day before the judging begins,
the judges will be briefed on all aspects
of the judging procedures and other details of the competition, and will preview all eligible artwork entered.
(b) Prior to the first round of judging, and prior to the opening of the
contest to the public, the judges will
spend an additional two hours reviewing 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 Coordinator or a contest staff member. The
judges will vote ‘‘in’’ or ‘‘out’’ on each
entry; those entries receiving a majority 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 judging, each judge may select not more
than five entries from those eliminated
in the first round. Those additional entries selected by the judges will be eligible to be judged in the second round.
(e) Prior to the second round of judging, 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 entries using the same method as in
round two, except that they will indicate a numerical score of three (3), four
(4), or five (5) for each entry. The Contest 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, second, or third place in the third round,
the judges will vote again on the entries 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 contestant will be notified of the winning
artist and the design. The winning artist 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 Director of the U.S. Fish and Wildlife Service.
[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]

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U.S. Fish and Wildlife Serv., Interior

§ 92.3
92.21 Emergency closures.
92.22 Subsistence migratory bird species.
92.23–92.29 [Reserved]

Subpart D—Post-Contest
Procedures
§ 91.31 Return of entries after contest.
(a) All entries will be returned by
certified mail to the participating artists within 120 days after the contest,
unless the artwork is selected to appear at one or more wildlife art expositions. If artwork is returned to the
Service because it is undelivered or unclaimed (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 judging will be chosen to appear in a national art tour that will last 1 year.
The artwork will be returned to the
artists after that period in accordance
with the signed participation agreement.
(c) An artist may choose to remove
his or her artwork from the tour, but
will forfeit contest eligibility for three
successive contests.

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 implement the Alaska migratory bird subsistence program as provided for in Article 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.

[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-management Council.
92.11 Regional management areas.
92.12 Relationship to the process for developing national hunting regulations for
migratory game birds.
92.13–92.19 [Reserved]

Subpart C—General Regulations
Governing Subsistence Harvest
92.20

Methods and means.

§ 92.3 Applicability and scope.
(a) In general. The regulations in this
part apply to all eligible persons harvesting migratory birds and their eggs
for subsistence purposes in Alaska between the dates of March 10 and September 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 regular open season from September 1
through March 10. The provisions set
forth in this part implement the exception to the closed season, which authorizes the taking of migratory birds
in Alaska for subsistence purposes between March 10 and September 1.
(b) Land ownership. This part does
not alter the legal authorities of Federal and State land managing agencies
or the legal rights of private land owners to close their respective lands to
the taking of migratory birds.
(c) Federal public lands. The provisions of this part are in addition to,

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