National Parks to Start Charging Photographers a fee (yes and for still photo too)

Comments? Does anybody know anymore?

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RichieV

This link describes when a permit is needed.

http://www.nps.gov/applications/digest/permits.cfm?urlarea=permits

Also see this thread from the General Discussion board.

http://www.naturephotographers.net/imagecritique/bbs.cgi?a=vm&mr=6893&b=vf2&st=0&la=787&ph=11&sid=27304&u=27304

As was pointed out in the other thread, they already require permits and fees for at least some of these activities. In fact, reading the link above I have trouble telling exactly what's changed (because though I was aware they were out there, I've never worried about it since it wouldn't apply to me). It would be interesting to see a comparison chart of the changes.

From what I've read, the new regulations are basically a restructuring of the fee system - allowing and perhaps encouraging NPS to collect higher fees - and an extension to more thoroughly encompass filming activities, which are much more disruptive to the average park visitor.

Unfortunately, for us, the new regulations did not provide further details on the deliniations of what constitutes "commercial" photography. Many enforcement officials immediately interpret anyone with a tripod, large format camera, or big lens as a "commercial" photographer. This may lead to increased, misdirected policy enforcement. Let's hope not.

This really doesn't bring anything entirely new to the table for landscape photographers (unless you plan on bringing your stuffed moose to place in the background) that was not already in place. I agree with Scott Bacon's "Many enforcement officials immediately interpret anyone with a tripod, large format camera, or big lens as a "commercial" photographer." Heck, I'm not sure I even know where to draw the line for "commercial photography." Where is the line? : Incorporation? Selling of prints/rights? Published work?

Still photographers require a permit when

1. the activity takes place at location(s) where or when members of the public are generally not allowed; or

2. the activity uses model(s), sets(s), or prop(s) that are not a part of the location’s natural or cultural resources or administrative facilities; or

3. Park would incur additional administrative costs to monitor the activity.

I've included the most relevant portion of the NPS guidelines above for those who don't feel like seeking them out. In a nutshell, these appear to me to be the same regs as previously written. If you're a still photographer out there shooting landscapes, and you aren't doing anything that isn't permitted by a non-camera-toting park visitor, then you do not need a permit, regardless of how loosely or tightly Joe Ranger interprets the term "commercial."

No, but he thinks he should stay around and watch you, just to make sure you don't block the path with your tripod, which incurs additional administrative costs. You're a No. 3, please pay the fee!

Duane

Who says I'd be on a path?

On another forum I frequent I found this post concerning the new fees that the Park Service is supposed to begin collecting.

part of the wordage from the law. The still photography part I enclosed in ****. I am trying to get a link to the entire law as written.


Public Law 106-206
106th Congress

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 @ssembled,

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 @ssessed in subsection (a).

********(c) Still Photography.--(1) Except as provided in paragraph (2), the Secretary shall not require a permit nor @ssess 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;

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