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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations
hunters, and other user groups. We received more than 200 unique responses, including those from 15
organizations, specifically addressing the proposed rule. Commenters included self-identified members representing artists, waterfowl hunters, Duck Stamp and art print collectors, National Wildlife Refuge users, bird watchers, photographers, former Duck Stamp Contest judges, and several others who identified as conservationists or outdoor recreationists. The 15 organizations responding included all four Flyway Councils, bird watching organizations, bird conservation and advocacy organizations, avian ornithological organizations, and National Wildlife Refuge System support groups.
Overall, more than 80 percent of respondents were in favor of the proposed rule. All organizations expressed their support of removing the mandatory inclusion of hunting accessories. The majority of comments in favor of removing the theme expressed their opinion that a broader appeal for the stamp will allow for marketing to all audiences interested in conserving habitat. A focus on the common desire for habitat conservation, without alienating and dividing different user groups was recommended as the best way to increase sales and program support.
All of the self-identified Duck Stamp artists indicated they were in favor of removing the permanent theme and mandatory inclusion of a waterfowl hunting accessory or theme. Artists reported that the permanent theme stifled their creativity, that the mandatory inclusion of a hunting accessory was difficult from a design and composition perspective, that the requirement limited the choice of eligible subjects to hunted waterfowl species, that the mandatory accessory inclusion detracts from the natural beauty of the waterfowl species itself, and that the requirement put new, young, and nonhunting artists at a severe disadvantage for successfully competing in the Contest. Artists and others commenting on the artwork itself pointed to the decrease in number of entries and a decrease in quality of the 2018 and 2020 entries, as indicators that artists were not happy with the mandatory inclusion.
Twenty-seven percent of those wishing to see the permanent theme removed pointed out that traditionally, the Duck Stamp Contest has not had a mandate for the inclusion of a mandatory hunting theme or accessory.
It was also pointed out that only three entries prior to 2018 successfully
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included a hunting accessory due to the artists choice.
Of the respondents against the removal of the theme, many seemed to misunderstand the intent of the rule change or how it related to previous Contest regulations. Two-thirds of those wanting the theme to remain expressed the mistaken impression that the theme and a hunting accessory were traditional elements in the Contest regulations. The permanent theme and the mandatory hunting accessory inclusion were only instituted in the 2020 Contest after a temporary inclusion in the 2018
Contest. The majority of comments that expressed disapproval in removing the mandatory hunting element expressed that the Service was trying to change the tradition of the artwork or rewrite 88
years of history and support for the Duck Stamp program by the waterfowl hunting community. The Service does not intend to change the formal name of the Duck Stamp or otherwise diminish the contributions to conservation by the waterfowl hunting community. Instead, we prefer to find other ways to celebrate our waterfowl hunting community.
Thirty-six percent of self-identified waterfowl hunters were also in favor of removing the permanent theme. Only one person who indicated they were in favor of keeping the permanent theme self-identified as a nonhunter.
Several commenters simply expressed disapproval or support for the proposed revised Contest rules. However, the majority had specific comments, which are presented below under headings that identify similar subjects. Several commentators offered suggestions that were outside the scope of this rule;
these are not addressed at this time but may be further investigated.
Permanent Theme Recognizes Waterfowl Hunters 1 Comment: Of the commenters opposed to removing the permanent theme of celebrating our waterfowl hunting heritage, many stated that hunters provided all or most of the funding for wildlife conservation and only waterfowl hunters purchased Duck Stamps. Some self-identified waterfowl hunters stated they purchased more than one annual stamp. Several expressed that the removal of the permanent theme was against the tradition and purpose of the Federal Duck Stamp. A couple of commenters stated that if the hunting theme was removed, as hunters, they would opt out of purchasing a Duck Stamp. Several were strongly opposed to the nonhunting community having any say in the perpetuation of the theme.

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Those who responded in favor of removing the permanent theme stated that they purchased stamps and included self-identified hunters, nonhunters, bird watchers, users of and volunteers at National Wildlife Refuges, general conservationists or naturalists, land managers, photographers, and stamp and art collectors.
Nonconsumptive users expressed the desire to also feel recognized and appreciated for their conservation contributions as they were voluntary contributors and were not legally bound to purchase a Duck Stamp for hunting.
Many commented that they were aware and thankful for the contributions to conservation that hunters have made but felt that the permanent theme was not necessary because the hunting community was acknowledged in other ways. Recognizing the decrease in the number of waterfowl hunters and the increase in the number of nonconsumptive users who benefit from habitat conservation led to several comments stating the nonhunting community had the responsibility to take on a larger financial contribution to the conservation of wildlife habitat within the National Wildlife Refuge System. Comments from several respondents recognized that habitat conservation provides many benefits of which hunting is just one and that it was the responsibility of all to support conservation. Several comments asked hunters to recognize the advocacy of all who worked to conserve habitat. Several commented that the permanent theme reinforced the idea that the Duck Stamps only purpose was as a hunting stamp, rather than a widely available mechanism to raise funds for habitat conservation within the National Wildlife Refuge System.
Service Response: The Service made no changes to the final rule in response to these comments. The Service will continue to provide information and messaging that honors hunters conservation contributions and promotes the interest and contributions of all user groups towards habitat conservation. The Service will use messaging on the Duck Stamp to highlight important anniversaries, successes, and challenges in habitat and wildlife conservation. The formal name of the Duck Stamp will continue to promote both the hunting and general conservation purposes of the stamp.
Waterfowl will continue to be the primary species of focus on the Duck Stamp. Waterfowl hunters will still be required to purchase an annual stamp, as a theme or depicted species on the stamp has no bearing on the legal
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