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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations
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requirements for migratory bird hunters to have a valid Duck Stamp as part of their annual licensing. As the permanent hunting theme was only instituted in 2020, removing the theme aligns with the origins of the Duck Stamp Contest.
Mandatory Inclusion of a Hunting Element in Entries 2 Comment: Commenters in favor of and against removing the mandatory inclusion of a hunting related accessory presented two primary arguments: One based on creating the art and the annual art contest, and the second on the effect of the design on the Duck Stamps marketing potential.
Of the commenters opposed to removing the mandatory inclusion of a hunting element in the design of the stamp, one stated the need for a clear and unambiguous illustrative connection between hunters and wildlife resource conservation. Another stated that the art must show a tie to hunting or it becomes just another wildlife art contest. Several commenters felt that removal of the mandatory hunting element would go against the traditional artwork of the Duck Stamp or would lead to the same stale images.
Several commenters felt the mandatory inclusion greatly limited artistic creativity. Artists are already limited to producing a design that has a live portrayal of an eligible species as the dominant and central focus of their entry. The entry size requirements and the subsequent reduction of the chosen entry to the size of a stamp is seen as a limit to the choice of an appropriate element that could be incorporated.
Several commenters wanted a better description of what was acceptable as a hunting element and thought past entries in the 2018 and 2020 Contests incorporated inappropriate elements, which created a bad image of hunters instead of celebrating their conservation ethic.
Several commenters felt that the overall design should promote wildlife and were afraid that mandatory inclusions made viewers lose sight of the beauty of the depicted species itself.
One respondent commented that the inclusion of hunting elements limits the eligible species list to those only with open seasons and favored the most popularly harvested species.
Because not all artists who enter the Contest are hunters, many felt they were at an unfair disadvantage in composing their entry and gathering reference materials. One commenter also noted that any hunting element or scene would need to be appropriate for the depicted season and plumage of
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waterfowl so that no implicit game violations would be illustrated. The mandatory inclusion of a hunting element was seen to discourage young and new artists interested in entering the Contest but who are already overwhelmed by the restrictive rules and competition.
Service Response: The Service made no changes to the final rule in response to these comments. Like other elements, hunting accessories and scenes will be optional to be used at the artists discretion in their composition. The Service does not intend to change requirements for the entry size or remove the primary focus of the Duck Stamp art from the actual waterfowl species. Comments on the judging procedures are not within the scope of this rule and will not be addressed here.
The Service believes the annual Contest functions to promote wildlife artists, inform different audiences about the many contributions to conservation, diversify our audience and stakeholders in habitat conservation, and promote the tradition and heritage of the Duck Stamp. The Service feels the Contest should be as inclusive as possible to achieve these goals.
Marketing the Duck Stamp 3 Comment: Those who provided comments on marketing the Duck Stamp agreed with the importance of revenues from sales of the stamp to conserve habitat. The majority of respondents recognized the many contributions that waterfowl hunters provide in their role as conservationists. Most felt that the annual purchase of a stamp, while necessary for legal migratory bird hunting, should not preclude purchase by other interested parties. Continuation of stamp and print collections, having to sign the stamp used for hunting, purchase of the stamp as a pass to a National Wildlife Refuge, and support of conservation were expressed as reasons to purchase a Duck Stamp other than to be legal while hunting migratory birds.
Those in favor of the removing the permanent hunting theme and the mandatory hunting element overwhelmingly stated that this was a precursor to increasing sales and expanding support for the Duck Stamp as a conservation tool. They expressed the opinion that mandatory inclusion of hunting elements in the artwork was a divisive and alienating barrier which perpetuated the perception of exclusivity of Duck Stamp purchasers.
Several individual comments indicated that stamps that are artistically pleasing and concentrate on the wildlife species itself are the ones most sought after and
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are what attracts new audiences to the Duck Stamp.
Several respondents offered other specific changes to the Duck Stamp that they felt would make them more accepted among different audiences.
Several specific marketing tactics were also suggested.
Service Response: The Service made no changes to the final rule in response to these comments. The Service is continually looking for ways to increase our relevance and promote our mission among a changing demographic while recognizing all partners. The Service believes the Duck Stamp can play an important role in supporting habitat conservation among an increasingly diverse population but only if it is seen as an inclusive tool with a wide appeal to a variety of stakeholders.
While the Service appreciates the comments on specific marketing tactics for the Duck Stamp, they are beyond the scope of this rule and are not addressed here.
Effect of Final Rule on 2021 Duck Stamp Contest 4 Comment: One comment was received that stated that the Service should make accommodations for artists who did not include the mandatory hunting element or theme in their entries for the 2021 Contest.
Service Response: The Service made no changes to the final rule in response to this comment. This final rule will be in effect starting with the 2022 Contest and will not change the requirements for the 2021 Contest entries. The Contest Rules Brochure for the 2021 Contest was made public in October 2020. This annual brochure outlined the requirements for entries in the 2021
Contest, included a list of the eligible species, and emphasized the requirement of the mandatory inclusion of a waterfowl hunting element or scene. Many artists begin their entries as soon as the brochure is available and work diligently throughout the following months to complete it on time. Art entries are accepted beginning on June 1, and must be postmarked by August 15 to be eligible for the Contest.
Artists have been made aware of the 2021 Contest requirements and are expected to follow all the rules or be disqualified. As in the 2018 and 2020
Contests, the mandatory hunting accessory or scene can include a variety of different elements; there are many ways an artist may choose to illustrate the required theme of celebrating our waterfowl hunting heritage to be successful in adhering to this requirement.

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