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Archive 2014 · Need a permit to take a photograph on US National Forest Land?

  
 
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p.1 #1 · p.1 #1 · Need a permit to take a photograph on US National Forest Land?


Saw a bunch of noise running around the internet, including some reputable news organizations, saying that new rules are going to require a permit costing $1500. to take a photo or film in a Wilderness Area and impose fines for failure to comply.

Did some digging. As best as I can tell:


  1. The rule has been in place for 4 years and is proposed to be made permanent. Presently open to comment.
  2. Applies to commercial still photography when sets, models, access to closed lands, or direct costs to the FS are involved, and is not breaking news in Forest Service Wilderness Areas.
  3. Applies to commercial filming except breaking news in Forest Service Wilderness Areas.
  4. Seems only to change the criteria for issuing a permit, not the requirement for who needs one.


Can't say as I find this to be much of a threat, but I may have misinterpreted the thing in my one hour of trying to figure out the legalese.

What do you think?

Federal Register Notice and Link For Comments



Sep 25, 2014 at 10:20 PM
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p.1 #2 · p.1 #2 · Need a permit to take a photograph on US National Forest Land?


Here is an example of the noise:

Esquire: The US Forest Service Wants To Fine You $1000 For Taking Pictures in the Forest



Sep 25, 2014 at 11:15 PM
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p.1 #3 · p.1 #3 · Need a permit to take a photograph on US National Forest Land?


Ignore please.

Edited on Sep 26, 2014 at 12:53 AM · View previous versions



Sep 26, 2014 at 12:45 AM
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p.1 #4 · p.1 #4 · Need a permit to take a photograph on US National Forest Land?


Ignore please.

Edited on Sep 26, 2014 at 12:52 AM · View previous versions



Sep 26, 2014 at 12:46 AM
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p.1 #5 · p.1 #5 · Need a permit to take a photograph on US National Forest Land?


Ignore please.

Edited on Sep 26, 2014 at 12:52 AM · View previous versions



Sep 26, 2014 at 12:47 AM
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p.1 #6 · p.1 #6 · Need a permit to take a photograph on US National Forest Land?


This is how I construe it:

"45.51a - Permit Requirements

A special use permit is not required for still photography when that activity involves breaking news (sec. 45.5). A special use permit:

1. Is required for all still photography (sec. 45.5) activities on National Forest System (NFS) lands that involve the use of models, sets, or props that are not a part of the natural or cultural resources or administrative facilities of the site where the activity is taking place.
2. May be required for still photography activities not involving models, sets, or props when the Forest Service incurs additional administrative costs as a direct result of the still photography activity, or when the still photography activity takes place at a location where members of the public generally are not allowed."

"45.52a - Permit Requirements
1. A special use permit is required for all commercial filming (sec. 45.5) activities on National Forest System lands (NFS). A special use permit is not required for broadcasting breaking news (sec. 45.5)."

New language:

"45.1c—Evaluation of Proposals

A special use permit may be issued (when required by sections 45.1a and 45.2a) to authorize the use of National Forest System lands for still photography or commercial filming when the proposed activity:

1. Meets the screening criteria in 36 CFR 251.54(e);

2. Would not cause unacceptable resource damage;

3. Would not unreasonably disrupt the public's use and enjoyment of the site where the activity would occur;

4. Would not pose a public health and safety risk; and

5. Meets the following additional criteria, if the proposed activity, other than noncommercial still photography (36 CFR 251.51), would be in a congressionally designated wilderness area:

a. Has a primary objective of dissemination of information about the use and enjoyment of wilderness or its ecological, geological, or other features of scientific, educational, scenic, or historical value (16 U.S.C. 1131(a) and (b));

b. Would preserve the wilderness character of the area proposed for use, for example, would leave it untrammeled, natural, and undeveloped and would preserve opportunities for solitude or a primitive and unconfined type of recreation (16 U.S.C. 1131(a));

c. Is wilderness-dependent, for example, a location within a wilderness area is identified for the proposed activity and there are no suitable locations outside of a wilderness area (16 U.S.C. 1133(d)(6));

d. Would not involve use of a motor vehicle, motorboat, or motorized equipment, including landing of aircraft, unless authorized by the enabling legislation for the wilderness area (36 CFR 261.18(a) and (c));

e. Would not involve the use of mechanical transport, such as a hang glider or bicycle, unless authorized by the enabling legislation for the wilderness area (36 CFR 261.18(b));

f. Would not violate any applicable order (36 CFR 261.57); and

g. Would not advertise any product or service (16 U.S.C. 1133(c))."

It is confusing, or even poorly constructed because of:

45.1c5. "Meets the following additional criteria, if the proposed activity, other than noncommercial still photography (36 CFR 251.51), would be in a congressionally designated wilderness area:"

Never the less, all of 45.1c is about criteria for issuing a permit when one is required by 45.1a or 45.2a. Consequently unless one is using sets, models or props I am not seeing a restriction or permit requirement for general commercial photography in Wilderness or any other NFS lands. Incidentally, the definition of sets and props specifically excludes hand held and tripod photography:

"Sets and Props. Items constructed or placed on NFS lands to accommodate commercial filming or still photography, such as backdrops, generators, microphones, stages, lighting banks, camera tracks, vehicles specifically designed to accommodate camera or recording equipment, rope and pulley systems, rigging for climbers, and structures. Sets and props also include trained animals and inanimate objects, such as camping equipment, campfires, wagons, and so forth, when used to stage a specific scene. A set or prop does not include any of the preceding items when they are used to report breaking news, nor does a prop include a hand-held camera or a camera mounted on a tripod."

and the definition of "still photography" is even more favorable (and ridiculous, and a bit circular),

"Still Photography. The use of photographic equipment to capture still images on film, digital format, and other similar technologies on NFS lands that:
(1) Takes place at a location where members of the public are generally not allowed or where additional administrative costs are likely, or
(2) Uses models, sets, or props that are not a part of the site’s natural or cultural resources or administrative facilities."



Sep 26, 2014 at 12:49 AM
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p.1 #7 · p.1 #7 · Need a permit to take a photograph on US National Forest Land?


Great summary, thank you for sharing. Sounds like folks are making a mountain out of a molehill.

Paul



Sep 27, 2014 at 03:40 PM
John Patrick
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p.1 #8 · p.1 #8 · Need a permit to take a photograph on US National Forest Land?


It reads just like the NPS rules on permits, which state very similar language about models, large sets (explained to mean large lighting setups, and that a single tripod does not count), or special access required (vehicles on non-public roads, etc.).

John



Sep 28, 2014 at 09:46 AM
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p.1 #9 · p.1 #9 · Need a permit to take a photograph on US National Forest Land?


I recently did a shoot inside Red Rock Canyon State Park in California for a friend of mine. This was done as a favor to both parties since I'm learning portrait photography and she needed some family pics. Just as we were finishing up the shoot, park rangers pulled up and said it looked awfully suspicious as a commercial shoot. I had my A7s and a strobe/umbrella setup and simply told them it was not commercial and personal use only. They asked a few more questions on how the photos will be used and went on their way when I reinforced the fact it was all personal use and no money exchanged for the shoot.

I'm still trying to figure out why the parks need to have this regulation in place. I can see protecting against huge companies that may block access to other visitors or ruin views of the scenery with lots of equipment, but this shouldn't apply to small time commercial photographers.



Nov 15, 2014 at 01:59 AM
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p.1 #10 · p.1 #10 · Need a permit to take a photograph on US National Forest Land?


Weasel_Loader wrote:
I can see protecting against huge companies that may block access to other visitors or ruin views of the scenery with lots of equipment, but this shouldn't apply to small time commercial photographers.


Once you allow smaller companies in, you cannot legally prevent larger corporations from sending their teams in as well IMO. I'm imagening a beautiful location where all of a sudden hundreds of people show up at sunset, unpack their containers full of gear, chasing away the few amateurs (and wildlife) - just to block the site for financial gain. Shudder...

-Phil



Nov 15, 2014 at 12:49 PM
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p.1 #11 · p.1 #11 · Need a permit to take a photograph on US National Forest Land?


PhilPDX wrote:
Once you allow smaller companies in, you cannot legally prevent larger corporations from sending their teams in as well IMO. I'm imagening a beautiful location where all of a sudden hundreds of people show up at sunset, unpack their containers full of gear, chasing away the few amateurs (and wildlife) - just to block the site for financial gain. Shudder...

-Phil


Thats pretty much what I figure. Instead of limiting sizes of shoots or people involved, its much easier to just keep them all out. Out here in the Southern California desert where I live, one of our only two roads out of town are often clogged with production vehicles and crews shooting movies (more often car commercials). Unbelievable how much equipment they bring out and usually end up pissing residents off with delays as roads are shut down.



Nov 15, 2014 at 01:04 PM
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p.1 #12 · p.1 #12 · Need a permit to take a photograph on US National Forest Land?


Here's the Forest Service's official response to the news media playing telephone with this issue.
http://www.fs.fed.us/news/releases/us-forest-service-chief-i-will-ensure-first-amendment-upheld-under-agency-commercial

“The fact is, the directive pertains to commercial photography and filming only – if you’re there to gather news or take recreational photographs, no permit would be required. We take your First Amendment rights very seriously,” said Tidwell."



Nov 19, 2014 at 12:40 PM





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