Here's a good link if you really want to dig into this topic: http://www.largeformatphotography.info/photo-permits/
It includes most all federal agencies policies, as well as several California regulations and policies.
Below is the specific regulation regarding photography on federal lands as signed into law in May 2000. It's pretty clear to me what the parameters are for requiring permits. It might be wise to print out the info from the above link and stick it in your bag.
Ken
Public Law 106-206
5/26/2000: Signed by President; Became Public Law No: 106-206 [114 Stat. 314; cod. 16 USC 460l-6d].
H.R.154
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To allow the Secretary of the Interior and the Secretary of Agriculture to establish a fee system for commercial filming activities on Federal land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. COMMERCIAL FILMING.
(a) COMMERCIAL FILMING FEE—The Secretary of the Interior and the Secretary of Agriculture (hereafter individually referred to as the “Secretary” with respect to lands under their respective jurisdiction) shall require a permit and shall establish a reasonable fee for commercial filming activities or similar projects on Federal lands administered by the Secretary. Such fee shall provide a fair return to the United States and shall be based upon the following criteria:
(1) The number of days the filming activity or similar project takes place on Federal land under the Secretary’s jurisdiction.
(2) The size of the film crew present on Federal land under the Secretary’s jurisdiction.
(3) The amount and type of equipment present.
The Secretary may include other factors in determining an appropriate fee as the Secretary deems necessary.
(b) RECOVERY OF COSTS—The Secretary shall also collect any costs incurred as a result of filming activities or similar project, including but not limited to administrative and personnel costs. All costs recovered shall be in addition to the fee assessed in subsection (a).
(c) STILL PHOTOGRAPHY—
(1) Except as provided in paragraph (2), the Secretary shall not require a permit nor assess a fee for still photography on lands administered by the Secretary if such photography takes place where members of the public are generally allowed. The Secretary may require a permit, fee, or both, if such photography takes place at other locations where members of the public are generally not allowed, or where additional administrative costs are likely.
(2) The Secretary shall require and shall establish a reasonable fee for still photography that uses models or props which are not a part of the site’s natural or cultural resources or administrative facilities.
(d) PROTECTION OF RESOURCES—The Secretary shall not permit any filming, still photography or other related activity if the Secretary determines—
(1) there is a likelihood of resource damage;
(2) there would be an unreasonable disruption of the public’s use and enjoyment of the site; or
(3) that the activity poses health or safety risks to the public.
(e) USE OF PROCEEDS—
(1) All fees collected under this Act shall be available for expenditure by the Secretary, without further appropriation, in accordance with the formula and purposes established for the Recreational Fee Demonstration Program (Public Law 104-134). All fees collected shall remain available until expended.
(2) All costs recovered under this Act shall be available for expenditure by the Secretary, without further appropriation, at the site where collected. All costs recovered shall remain available until expended.
(f) PROCESSING OF PERMIT APPLICATIONS—The Secretary shall establish a process to ensure that permit applicants for commercial filming, still photography, or other activity are responded to in a timely manner.
More info on specific USDA/Forest Service regulations. There are a lot of interesting links to follow. I recommend going direct to the referenced URL above:
USDA Forest Service
Permit requirements for National Forest System lands are covered by 16 USC 460l-6d and 36 CFR 251. A final rule revising 36 CFR 251 to formally implement the requirements of 16 USC 460l-6d was published in the Federal Register on 13 July 2004, and became effective on 12 August 2004. At first glance, the revised 36 CFR 251 appears to require a permit for all still photography; however, “still photography” is later defined to be that which would require a permit under 16 USC 460l-6d. In most cases, the new regulations differ little from long-standing policy covered by previous versions of Section 2725.51, Commercial Still Photography, of the Forest Service Manual; that policy also was described in a letter issued jointly by the BLM and the Forest Service in August 1994.
With the requirements now covered by 36 CFR 251, the policy specifics have been removed from FSM 2725.51 and placed in Chapter 40 of Forest Service Handbook 2709.11, Special Uses Handbook. The beginning of § 45.5 includes definitions related to commercial filming and still photography; the definition of “sets and props” differs from the conventional meaning, including equipment as well as objects that actually appear in a film or photograph. The definition is somewhat ambiguous with respect to still photography, and conceivably could be interpreted as requiring a permit for the use of anything other than a camera or tripod. It remains to be seen whether this will be the case; it is possible that interpretation will vary among different Forest Service regions and perhaps even among enforcement personnel. The complete Forest Service Manuals and Forest Service Handbooks are available on the Forest Service web site.
When a permit is required, the fee varies with the size of the crew. A certificate of insurance may be required if the activity poses sufficient risk; the amount of insurance varies with the size and nature of the activity.
The most current information about USDA Forest Service regulations and policies related to still photography usually is available on the Forest Service filming web page. Announcements of new rules and policies often are available on the Forest Service Special Uses page.
Contact Melissa Hearst in Lands Special Uses at 202-205-1196 or mhearst@fs.fed.us for questions about permit requirements
Thanks for posting this. I is easy to see how a government employee or photographer could get confused, as it takes some study to sort through.
Posted by Bill Pelzmann on June 27, 2008 at 10:42 AM
Ken, thanks for the link. That is a good summary, and would lead one to believe that Californai State Parks are in line with the Federal regulations. However, that is not how some of the park administrators interpret the regulations, and contrary to what is stated, hobbyist, landscape/nature photographers have been run off.
Here is an email that I sent to Crystal Cove State Park to clarify the situation:
I understand that your park rangers have recently asked photographers with "professional" appearing equipment to leave the park.
Your website does not post any of your regulations regarding photography, so I would like to understand what are your rules regarding photography?
Under what circumstances is a permit for photography required, and what constitutes a "professional" photographer?
Thank you,
William L. Pelzmann
Here is the response:
Dear Mr. Pelzmann,
State Park regulations, in accordance with guidelines established by the California Film Commission, require permitting for commercial and professional photography activities occurring on state park property. Crystal Cove State Park has become one of the most popular state park destination for professional, commercial, and amateur photographers alike. Professional photography includes film productions, student projects, portrait and model photography, and nature archival type photography, especially when images are made available for purchase to the public through websites or other media.
State Park filming and photography guidelines can be found at www.parks.ca.gov. Information regarding obtaining a film permit through the California Film Commission can be obtained at www.film.ca.gov. If you require additional information, please feel free to contact our film permit coordinator at (949) 494-2969.
This is the description of the incident at that park:
I was photographing birds at crystal cove last week when a park ranger pulled up next to me.
She said that my camera equipment looked expensive. I agreed with her. She asked wether I was a professional photographer, which I am not. I told the photos were for my personal use, and that I posted them on my website. She took my driver's lic. info, and told me to pack my gear up and leave the park.
She also stated that she would not give me a citation for photographing without a permit this time.
She also told me that the California State Parks had been having a problem with photographers posting images taken in the parks on forums and entering them in competitions without the State parks express permission.
What disturbs me is that California has been noted for establishing national trends.
The burden of proof is on the ranger/authority. It's not 1985, and this isn't the USSR. Rangers cannot approach you because of your "professional-looking" gear, make accusations or assumptions, and then request identification. Tell them to get lost until they have some proof that you're engaging in professional for-sale photography.
This is a rather serious issue that extends beyond just making photographs on federal or state lands. Don't be so quick to surrender your rights, and make yourself knowledgeable about the laws. Don't kowtow to a ranger just because they have a badge or a gun.
And just who is the "Federal Govt" that owns "Federal Lands" Is that not "We the People"? Even "State" lands are supported by tax dollars from WE THE PEOPLE! Our Government(s) forget their place!!! This attitude fries my chaps! Somebody in D.C. needs to read the Constitution. It is a Government of the people, by the people, and for the people.
John
Discussion
5 repliesHere's a good link if you really want to dig into this topic:
http://www.largeformatphotography.info/photo-permits/
It includes most all federal agencies policies, as well as several California regulations and policies.
Below is the specific regulation regarding photography on federal lands as signed into law in May 2000. It's pretty clear to me what the parameters are for requiring permits. It might be wise to print out the info from the above link and stick it in your bag.
Ken
Public Law 106-206
5/26/2000: Signed by President; Became Public Law No: 106-206 [114 Stat. 314; cod. 16 USC 460l-6d].
H.R.154
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To allow the Secretary of the Interior and the Secretary of Agriculture to establish a fee system for commercial filming activities on Federal land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. COMMERCIAL FILMING.
(a) COMMERCIAL FILMING FEE—The Secretary of the Interior and the Secretary of Agriculture (hereafter individually referred to as the “Secretary” with respect to lands under their respective jurisdiction) shall require a permit and shall establish a reasonable fee for commercial filming activities or similar projects on Federal lands administered by the Secretary. Such fee shall provide a fair return to the United States and shall be based upon the following criteria:
(1) The number of days the filming activity or similar project takes place on Federal land under the Secretary’s jurisdiction.
(2) The size of the film crew present on Federal land under the Secretary’s jurisdiction.
(3) The amount and type of equipment present.
The Secretary may include other factors in determining an appropriate fee as the Secretary deems necessary.
(b) RECOVERY OF COSTS—The Secretary shall also collect any costs incurred as a result of filming activities or similar project, including but not limited to administrative and personnel costs. All costs recovered shall be in addition to the fee assessed in subsection (a).
(c) STILL PHOTOGRAPHY—
(1) Except as provided in paragraph (2), the Secretary shall not require a permit nor assess a fee for still photography on lands administered by the Secretary if such photography takes place where members of the public are generally allowed. The Secretary may require a permit, fee, or both, if such photography takes place at other locations where members of the public are generally not allowed, or where additional administrative costs are likely.
(2) The Secretary shall require and shall establish a reasonable fee for still photography that uses models or props which are not a part of the site’s natural or cultural resources or administrative facilities.
(d) PROTECTION OF RESOURCES—The Secretary shall not permit any filming, still photography or other related activity if the Secretary determines—
(1) there is a likelihood of resource damage;
(2) there would be an unreasonable disruption of the public’s use and enjoyment of the site; or
(3) that the activity poses health or safety risks to the public.
(e) USE OF PROCEEDS—
(1) All fees collected under this Act shall be available for expenditure by the Secretary, without further appropriation, in accordance with the formula and purposes established for the Recreational Fee Demonstration Program (Public Law 104-134). All fees collected shall remain available until expended.
(2) All costs recovered under this Act shall be available for expenditure by the Secretary, without further appropriation, at the site where collected. All costs recovered shall remain available until expended.
(f) PROCESSING OF PERMIT APPLICATIONS—The Secretary shall establish a process to ensure that permit applicants for commercial filming, still photography, or other activity are responded to in a timely manner.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
USDA Forest Service
Permit requirements for National Forest System lands are covered by 16 USC 460l-6d and 36 CFR 251. A final rule revising 36 CFR 251 to formally implement the requirements of 16 USC 460l-6d was published in the Federal Register on 13 July 2004, and became effective on 12 August 2004. At first glance, the revised 36 CFR 251 appears to require a permit for all still photography; however, “still photography” is later defined to be that which would require a permit under 16 USC 460l-6d. In most cases, the new regulations differ little from long-standing policy covered by previous versions of Section 2725.51, Commercial Still Photography, of the Forest Service Manual; that policy also was described in a letter issued jointly by the BLM and the Forest Service in August 1994.
With the requirements now covered by 36 CFR 251, the policy specifics have been removed from FSM 2725.51 and placed in Chapter 40 of Forest Service Handbook 2709.11, Special Uses Handbook. The beginning of § 45.5 includes definitions related to commercial filming and still photography; the definition of “sets and props” differs from the conventional meaning, including equipment as well as objects that actually appear in a film or photograph. The definition is somewhat ambiguous with respect to still photography, and conceivably could be interpreted as requiring a permit for the use of anything other than a camera or tripod. It remains to be seen whether this will be the case; it is possible that interpretation will vary among different Forest Service regions and perhaps even among enforcement personnel. The complete Forest Service Manuals and Forest Service Handbooks are available on the Forest Service web site.
When a permit is required, the fee varies with the size of the crew. A certificate of insurance may be required if the activity poses sufficient risk; the amount of insurance varies with the size and nature of the activity.
The most current information about USDA Forest Service regulations and policies related to still photography usually is available on the Forest Service filming web page. Announcements of new rules and policies often are available on the Forest Service Special Uses page.
Contact Melissa Hearst in Lands Special Uses at 202-205-1196 or mhearst@fs.fed.us for questions about permit requirements
Here is an email that I sent to Crystal Cove State Park to clarify the situation:
Here is the response:
This is the description of the incident at that park:
What disturbs me is that California has been noted for establishing national trends.
This is a rather serious issue that extends beyond just making photographs on federal or state lands. Don't be so quick to surrender your rights, and make yourself knowledgeable about the laws. Don't kowtow to a ranger just because they have a badge or a gun.
John