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Photographing in Federal Forest
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Sep 26, 2014 08:17:14   #
sb Loc: Florida's East Coast
 
It is regarding commercial photography and filmmaking. Not sure what that means for a professional photographer doing a rather simple photo-shoot or taking photos for a nature calendar. They are still taking comments before finalizing this regulation.

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Sep 26, 2014 08:58:21   #
skywolf
 
Here's a report from Esquire magazine. Makes me want to get a bunch of photogs together the day it passes and sneak into federal forests and shoot away! http://www.esquire.com/blogs/news/1000-dollar-fine-for-pictures-in-the-forest

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Sep 26, 2014 09:17:56   #
amyinsparta Loc: White county, TN
 
Just Fred wrote:
A news report I saw this morning stated that there may be new requirements (and prices) for taking photographs in national parks. Professional photographers may need to purchase licenses ($1,500), but amateurs -- even those using phones and iPads -- may also be required to pay for the privilege of photographing parks that ostensibly belong "to the people."

What a load of... if you ask me.


Hopefully, they are using the money to perform upkeep on the parks. We all know that there is not enough money for all of them. There was talk at the beginning of the year about closing the Smoky Mt. National Park for three months in order to help it repair some of the damage people have done to it. People are parasites on nature and will totally destroy her if allowed to.

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Sep 26, 2014 09:30:14   #
jimni2001 Loc: Sierra Vista, Arizona, USA
 
The way this proposal reads anyone can be charged a $1500 fee or a $1000 fine (personally I would pay the fine and save myself $500). For those who think that it is okay to fine the media you must never have heard of freedom of the press which is backed by our freedom of speech. Here is the first sentence:
The Forest Service proposes to incorporate interim directive (ID) 2709.11-2013.1 into Forest Service Handbook (FSH) 2709.11, chapter 40 to make permanent guidance for the evaluation of proposals for still photography and commercial filming on National Forest System Lands.

That does not say still photography for commercial use. The word AND separates and makes distinct still photography. For those of you naive enough to believe "that is not what they mean" get a grip. Wording like this leaves it to what ever ranger, on what ever day, with what ever temperament to make that decision. Photo tours will be forced to charge more. Now say it is for commercial use only. If I take a photo just to capture the moment and post it on any one of the photo sharing sites and someone decides that it is the perfect photo for their ad campaign and they buy it from me, am I then responsible to pay a fine? Ansel Adams photographed our wilderness areas for profit. Should we be denied another Ansel Adams because they feel that it is unfair or they can't afford $1500? How many National Geographic photographers will abandon wilderness photography?
Here is a link to the Forest Service proposal:
http://www.federalregister.gov/articles/2014/09/04/2014-21093/proposed-directive-for-commercial-filming-in-wilderness-special-uses-administration?utm_campaign=email+a+friend&utm_medium=email&utm_source=federalregister.gov
It will only take a couple of minutes out of your day to say that you do not like the way this is worded. I believe that it is suppose to be aimed at people making movies and that sort of commercial venture but the wording is not clear on that point and can be construed to mean anyone taking photos. I'll get off the band wagon now.

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Sep 26, 2014 09:30:16   #
MtnMan Loc: ID
 
DavidPine wrote:
There is a lot of talk on FaceBook today about not being able to photograph in federal forest. Does anyone have insight on this?


Yes, it is much ado about nothing.

The Forest Service put out for comment a change in regulations related to commercial filming in Wilderness areas. It requires a special use permit if you are going to, for example, make a movie in Wilderness to promote your rafting company. It has been in use for over four years and they are just cleaning it up.

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Sep 26, 2014 09:34:54   #
charryl Loc: New Mexico, USA
 
DavidPine wrote:
There is a lot of talk on FaceBook today about not being able to photograph in federal forest. Does anyone have insight on this?


In an article in the local paper as of this morning, the Forest Service has stated that permits will not be required for professional or amateur photographs who photograph without usew of a model, actor, or props. new gathering organizations will also be exempt. The permit requirements are intended to target those who area making a movie or for other large commercial uses such as advertisement production.

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Sep 26, 2014 09:43:39   #
jsharp Loc: Ballwin MO.
 
SonnyE wrote:
Well, they do frown on nude models draping themselves over the Flaura and Fawnia. :shock: :hunf:

No idea David.
But no doubt there is money behind it. Like in a fee...
When in Alaska at Denali National Park I discovered I could get a Senior Pass.
$10, and lifetime passage to all National Parks. Deal! ;)

Incidently, no charge for the camera happy tourists snapping everything. :roll:

Yes the Golden pass for National Parks My wife got one about 10+ years ago and it didn't expire they do now. go figure

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Sep 26, 2014 10:06:47   #
ole sarg Loc: south florida
 
Today, the team at Oregon Live exposed a new rule proposed by the United States Forest Service, that, if passed, will take effect in November. The rule calls for any member of the "media" to first apply for a permit before being allowed to take photos or video on 193 million acres of designated wilderness areas. Oh, and by the way, the permit costs $1,500.
UPDATE: According to Oregon Live, the United States Forest Service has announced that is delaying implementation of the rule due to the large public outcry. I have reached out to the USFS and will continue to update this article as more information becomes available.

UPDATE TWO: United States Forest Service spokesman Larry Chambers issued a statement announcing the delay is actually to extend the comment period by one month, to December 3, 2014. The USFS will also set up meetings to address concerns and field questions by the media and public.

Oregon Live has a informative list of 7 things you need to know about this rule, based on writer Rob Davis' research and understanding. As it turns out, the rules are already in place, and have been for 48 months, but are only now being turned into law. This rule can also apply to non profit organizations and private citizens who use a photo or video to sell something.

As I have stated, probably the most troubling aspect of this permit system is that the USFS has the ability to grant or deny any permit as it sees fit. Liz Close, USFS acting wilderness director, was quoted as saying "If you were engaged on reporting that was in support of wilderness characteristics, that would be permitted,"

The question is, what if I am reporting on the Forest Services neglect to our public lands?

https://fstoppers.com/landscapes/us-forest-service-about-charge-photographers-take-photos-38489

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Sep 26, 2014 10:23:11   #
CHOLLY Loc: THE FLORIDA PANHANDLE!
 
I guess people don't realize that the National Park Service and the U.S. Forest Service are two different entities... :roll:

And AGAIN, you DO need a permit to shoot COMERCIALLY in the National Forest.

Shooting NON-COMERCIALLY however, is FREE.

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Sep 26, 2014 10:39:06   #
Capn_Dave
 
If you want to sell any of your photographs then you are required to get a permit. That is the bottom line.
Right from the National Forest site:
A permit is not required for still photography or commercial filming involving breaking news.
A permit is required for all commercial filming activities on National Forest System lands.
A permit is required for all still photography activities on National Forest System 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 occurring.
A permit 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 activity or when the activity takes place at a location where members of the public are generally not allowed.

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Sep 26, 2014 11:05:00   #
LFingar Loc: Claverack, NY
 
ole sarg wrote:
Today, the team at Oregon Live exposed a new rule proposed by the United States Forest Service, that, if passed, will take effect in November. The rule calls for any member of the "media" to first apply for a permit before being allowed to take photos or video on 193 million acres of designated wilderness areas. Oh, and by the way, the permit costs $1,500.
UPDATE: According to Oregon Live, the United States Forest Service has announced that is delaying implementation of the rule due to the large public outcry. I have reached out to the USFS and will continue to update this article as more information becomes available.

UPDATE TWO: United States Forest Service spokesman Larry Chambers issued a statement announcing the delay is actually to extend the comment period by one month, to December 3, 2014. The USFS will also set up meetings to address concerns and field questions by the media and public.

Oregon Live has a informative list of 7 things you need to know about this rule, based on writer Rob Davis' research and understanding. As it turns out, the rules are already in place, and have been for 48 months, but are only now being turned into law. This rule can also apply to non profit organizations and private citizens who use a photo or video to sell something.

As I have stated, probably the most troubling aspect of this permit system is that the USFS has the ability to grant or deny any permit as it sees fit. Liz Close, USFS acting wilderness director, was quoted as saying "If you were engaged on reporting that was in support of wilderness characteristics, that would be permitted,"

The question is, what if I am reporting on the Forest Services neglect to our public lands?

https://fstoppers.com/landscapes/us-forest-service-about-charge-photographers-take-photos-38489
Today, the team at Oregon Live exposed a new rule ... (show quote)


Oregon Live does not have all their facts straight. Here is the statement by the Forest Service:

US Forest Service Chief: I will ensure the First Amendment is upheld under agency commercial filming directives
WASHINGTON
SEPTEMBER 25, 2014 AT 8:45PM
The U.S. Forest Service today released information to clarify the agency’s intentions regarding a proposed directive for commercial photography and filmmaking in congressionally designated wilderness areas.

“The US Forest Service remains committed to the First Amendment,” said U.S. Forest Service Chief Tom Tidwell. “To be clear, provisions in the draft directive do not apply to news gathering or activities.”

The proposal does not apply to news coverage, gathering information for a news program or documentary. However, if a project falls outside of that scope and the filming is intended to be on wilderness land, additional criteria are applied to protect wilderness values. In that case, a permit must be applied for and granted before any photography is permitted.

The agency issued a Federal Register notice (link is external) on Sept. 4 seeking public comment on a proposal to formally establish consistent criteria for evaluating requests for commercial filming in wilderness areas as it has on national forests and grasslands. The proposed directive on commercial filming in wilderness has been in place for more than four years and is a good faith effort to ensure the fullest protection of America’s wild places.

“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. “We’re looking forward to talking with journalists and concerned citizens to help allay some of the concerns we’ve been hearing and clarify what’s covered by this proposed directive.”

Congressionally designated wilderness areas are protected by the Wilderness Act of 1964 and must remain in their natural condition. This is achieved in part by prohibiting certain commercial enterprises, and the agency is responsible for ensuring its policies adhere to that standard.

The public originally had until Nov. 3, 2014, to comment on the proposal. Based on the high level of interest, the agency will extend the public comment period to Dec. 3, 2014.

The proposal does not change the rules for visitors or recreational photographers. Generally, professional and amateur photographers will not need a permit unless they use models, actors or props; work in areas where the public is generally not allowed; or cause additional administrative costs.

Currently, commercial filming permit fees range around $30 per day for a group up to three people. A large Hollywood production with 70 or more people might be as much as $800. The $1,500 commercial permit fee cited in many publications is erroneous, and refers to a different proposed directive.

The Forest Service has long required permits according to statute for various activities on agency lands, from cutting a Christmas tree to filming a major motion picture, such as the 2013 Johnny Depp movie “The Lone Ranger.” The Disney production obtained a permit to film part of the movie on the Santa Fe National Forest in New Mexico.

#

USDA is an equal opportunity provider and employer. To file a complaint of discrimination, write: USDA, Office of the Assistant Secretary for Civil Rights, Office of Adjudication, 1400 Independence Ave., SW, Washington, DC 20250-9410 or call (866) 632-9992 (Toll-free Customer Service), (800) 877-8339 (Local or Federal relay), (866) 377-8642 (Relay voice users).

End of quote.

I posted the link earlier in this thread. I certainly agree with keeping an eye on what our government agencies are up to. There are plenty of issues to get upset about. This isn't one of them.

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Sep 26, 2014 11:31:40   #
jefflantzimages Loc: Seattle
 
thanks MT i went to the site and sent my comments opposing the proposed legislation. i like you encourage all UHH members to comment. jeff

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Sep 26, 2014 11:34:09   #
jefflantzimages Loc: Seattle
 
thanks LF for the update. i still sent my comments in opposing the legislation, though i think my comments basically tract what you have stated here.

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Sep 26, 2014 11:39:42   #
SonnyE Loc: Communist California, USA
 
jsharp wrote:
Yes the Golden pass for National Parks My wife got one about 10+ years ago and it didn't expire they do now. go figure


Well, now you freaked me out. So I checked mine (Issued June this year).
Sez lifetime pass on it. No sign of it expiring until I do.

We jumped on it because why buy a day, when you could buy a lifetime.
Trouble is, it's kind of late when you are so old and can't climb the mountains anymore. But for that there is Telephoto.. ;)

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Sep 26, 2014 11:55:27   #
kenpic Loc: Edmonds, WA
 
Big article on this in today's Seattle Times.

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