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Part 185: Migratory Bird Products

Contents:

Sec.

§185.0 Applicability

These regulations govern the production and sale of migratory bird products.

§185.1 Definitions

As used in this Part, the following terms have the following meanings:

(a) Department means the Department of Environmental Conservation.

(b) License issuing officers means Environmental Conservation Officers, other authorized employees of the department, clerks of a county, town or city, and other persons appointed by the commissioner of the department as authorized by section 11-0713 of the Environmental Conservation Law.

(c) Migratory bird products means stamps, prints, posters, pins, note cards, and other products containing the migratory bird print images produced by or for the department as part of the migratory bird stamp program authorized by section 11-0307 of the Environmental Conservation Law.

(d) Issue year means the calendar year in which a particular design of migratory bird stamps is first issued for sale to the public.

(e) Doubled barred stamps means migratory bird stamps on which two black lines are printed through the price of the stamp.

(f) Mint stamps means individual stamps that are uncancelled with the original gum on the back, and are in the same condition as new.

(g) Full sheet means a complete page of mint stamps with five stamps across and six stamps down with the original gum on the back and printing plate number or numbers in the margin of all four corners of the page.

(h) Plate block means a block of four mint stamps with two stamps across and two stamps down taken from a corner of a full sheet with the printing plate number or numbers in the margin.

(i) Artist signed stamps means mint stamps, whether individual, plate block or full sheet, bearing on each stamp the signature of the artist who designed the stamps. Such signature shall be hand written by the artist and not printed or placed on the stamps by other mechanical means.

(j) Regular edition means a series of artist-signed and numbered prints.

(k) Medallion edition means a series of artist-signed and numbered prints, each of which include a specially minted medallion.

(l) Executive edition means a series of artist-signed and numbered prints, each of which include a specially minted medallion and an original artist color remarque.

(m) Conservation edition means a series of artist-signed and numbered prints, produced for the specific purpose of promoting the migratory bird program and the sale of prints and stamps.

(n) Artist proof means a series of prints that are retained by the artist for his or her personal use.

§185.2 Production

(a) The department may enter into contracts for the production of migratory bird products and for services in connection therewith including, but not limited to, printing, manufacturing, distribution, promotion, marketing and sale.

(b) The department shall be solely responsible for selection and means and methods of selection of artists and art work for migratory bird products.

(c) For each year of issue, the department shall establish the production size for each print edition, Mint stamps, artist signed Mint stamps and other migratory bird products based on previous sales history and future sale expectations.

§185.3 Sale

(a)

The following migratory bird products will have the following sale prices:
Issue Year Years Following Issue Year
First Year Second Year Third Year
Mint Stamp $5.50 $7.50 $9.50 $11.50
Artist-Signed Mint Stamp $10.00 $12.00 $14.00 $16.00
Plate Block of 4 Mint Stamps $22.00 $30.00 $38.00 $46.00
Full Sheet of 30 Mint Stamps $140.00 $165.00 $210.00 $245.00
Regular Edition Print (1 - 9 prints) $150.00 $150.00 $150.00 $150.00
with Mint Stamp $155.50 $157.50 $159.50 $161.50
with Artist-Signed Mint Stamp $160.00 $162.00 $164.00 $166.00
Regular Edition Print (10 - 49 prints) $75.00 $75.00 $75.00 $75.00
with Mint Stamp $80.50 $82.50 $84.50 $86.50
with Artist-Signed Mint Stamp $85.00 $87.00 $89.00 $91.00
Regular Edition Print (50 or more prints) $60.00 $60.00 $60.00 $60.00
with Mint Stamp $65.50 $67.50 $69.50 $71.50
with Artist-Signed Mint Stamp $70.00 $72.00 $74.00 $76.00
Medallion Edition Print (1 - 9 prints) $300.00 $300.00 $300.00 $300.00
with Mint Stamp $305.50 $307.50 $309.50 $311.50
with Artist-Signed Mint Stamp $310.00 $312.00 $314.00 $316.00
Medallion Edition Print (10 - 49 prints) $150.00 $150.00 $150.00 $150.00
with Mint Stamp $155.50 $157.50 $159.50 $161.50
with Artist-Signed Mint Stamp $160.00 $162.00 $164.00 $166.00
Medallion Edition Print (50 or more prints) $120.00 $120.00 $120.00 $120.00
with Mint Stamp $125.50 $127.50 $129.50 $131.50
with Artist-Signed Mint Stamp $130.00 $132.00 $134.00 $136.00
Executive Edition Print (1 - 9 prints) $550.00 $550.00 $550.00 $550.00
w/ Mint & Artist-Signed Mint Stamp $565.50 $569.50 $573.50 $577.50
Executive Edition Print (10 - 49 prints) $275.00 $275.00 $275.00 $275.00
w/ Mint & Artist-Signed Mint Stamp $290.50 $294.50 $298.50 $302.50
Executive Edition Print (50 or more prints) $220.00 $220.00 $220.00 $220.00
w/ Mint & Artist-Signed Mint Stamp $235.50 $239.50 $243.50 $247.50
Pin 1 - 24 pins $5.50 each
25 or more pins $3.50 each
Poster 1 - 24 posters $10.00 each
25 or more posters $5.00 each

A Mint stamp or an Artist-signed Mint stamp must be purchased with each Regular Edition, Conservation Edition, or Medallion Edition print. Both a Mint stamp and an artist-signed Mint stamp must be purchased with each Executive Edition print.

(b) License issuing officers other than employees of the department may sell migratory bird stamps for a fee of $5 plus 50 cents to be retained by the issuing agent or officer. License issuing officers who are employees of the department may sell migratory bird stamps for $5.50, but may not retain the 50 cent fee.

(c) First or original sales of migratory bird products will be made by the department through the Division of Fish, Wildlife, and Marine Resources at 625 Broadway, Albany, NY 12233. The department may also, by contract, authorize its contractor to make first or original sales of such products.

§185.4 Promotion

(a) For the specific purpose of promoting the migratory bird program and the sale of prints and stamps, 250 artist signed and numbered prints from each issue year, known as Conservation Edition prints, will be produced by the department or its contractor or contractors. Prints number one through seven will be used by the department for promotional purposes. The remaining Conservation Edition prints may be donated for auction or raffle to not-for-profit organizations supportive of migratory bird conservation upon written request. Requests for prints for such purpose must be in writing on the organization's letterhead stationery, stating the organization's purpose and goals and the date of the event at which the print or prints will be auctioned.

(b) The department reserves the right to limit or deny an organization's request for migratory bird products where the numbers requested exceed the available supply or where the department finds that the proposed use of such products may be inconsistent with the purposes and policies set forth in section 11-0303 of the Environmental Conservation Law.

(c) A total of no more than 100 posters and 100 pins from each issue year will be reserved for use by, and may be made available to department staff, employees of other State agencies, landowners and project coordinators or others who assist the department in promoting the program or acquiring or enhancing migratory bird habitat. Posters and pins made available to State employees are for purpose of display to the public at promotional events and otherwise to promote the program.

(d) The first and last stamp sheet for each issue year will be reserved for historical records and promotional purposes. These sheets of 30 Mint stamps each shall not be sold or destroyed.

(e) One full sheet of 30 mint and one full sheet of 30 double barred stamps may be used for the purpose of promoting the migratory bird program. No other stamps may be used for this purpose.

(f) The department in its discretion may enter into agreements permitting reproduction of the print design for products other than stamps and art prints. Use of such designs must be shown to promote awareness of the migratory bird program and distribution of each individual final product must be accompanied by an appropriate statement about the program.

§185.5 Destruction

(a) Except as provided in section 185.4(d) of this Part, for Mint stamps and Conservation Edition prints, all unsold Mint stamps and prints in the possession of the department, and in the possession of its contractor or contractors for the production of such Mint stamps and prints, shall be destroyed at the end of the third year following the issue year.

(b) Following the destruction of stamps and prints pursuant to subdivision (a) of this section, no additional products bearing the design of the destroyed Mint stamps will be produced except promotional materials used to promote the whole program, as provided in section 185.4(f) of this Part.

(c) All unsold migratory bird products, other than Mint stamps and prints, in the possession of the department at the end of the third year following the issue year may be disposed of at the department's discretion. Priority will be given to provide such products, without cost, to not-for- profit and charitable organizations for program promotional purposes, or to educational institutions and facilities for promoting awareness of migratory bird conservation and management.