Forest Service Commercial Filming Permit Requirement for Wilderness Needs Adjustment
So, you’re snapping a few photos on your wilderness pack trip for use on your brochure or Facebook
page. Do you need a separate commercial filming permit? The Forest Service directive published on
September 4, 2014 suggests that you would. Photo services on Wild and Scenic Rivers have not had to
have a permit in most locations, although it is conceivable the Forest Service may soon require those
permits. Journalist, who work for commercial publications, are protesting the new proposed rule that
might require them to obtain a permit before shooting photos or video for their publications.
Reporters who want to cover the Forest Service are actually being told they have to get permission from
the agency for recorded interviews and in one case were told that only “breaking news” would not
require a permit. Other stories deemed to be unworthy by the agency might not be approved. A
reporter in one state was already told they had to get approval before talking to an agency specialist and
that the fee would be waived for “this interview”. So, journalists are up in arms about 1st Amendment
issues related to this directive. A few years back, the Forest Service tried to deny Idaho Public Television
permission to film a youth group learning wilderness techniques in the Frank Church River of No Return
Wilderness.
If you have a major commercial filming event for TV, we can understand the need to be permitted, but
these incidental uses should not require a separate permit.
AOA is preparing comments which we will send out shortly (see below for some of the draft ideas for
our comments). Comments on the new directive must be received on our before November 3, 2014.
The permitting requirements proposed by the rule are copied below. Send email comments to
Commercial Filming in Wilderness, Attn: Wilderness and Wild and Scenic Rivers to
reply_lands#@fs.fed.us
We propose the following:
1. Outfitter and guide permits should include an authorization for incidental photography and
filming where the goal of the filming or photography has the objective of providing the public
with information about the use and enjoyment of wilderness including fulfilling the recreational
and other purposes of The Wilderness Act. No separate filming or photography permits should
be required for these incidental uses by existing permit holders and the agency should provide a
safe harbor for photographic activities, described in this comment, until those permits are
renewed and the authorization can be included in it. Therefore, the directive should clarify that
existing permits for incidental photography and filming of wilderness or outfitting and guiding in
wilderness will not require this authorization. Photographs and films made by journalists while
on outfitted trips which satisfy the criteria in 45.1c paragraphs 2.,3., and 4., should not be
required to obtain a permit.
2. The directive should clarify that is does not apply to Wild and Scenic Rivers since the directive
specifically states that is applies to “designated wilderness”. Any effort to expand the
permitting requirement to Wild and Scenic Rivers should require publication of a different rule.
Excerpt from the Forest Service directive on permits for photography and filming in wilderness. The full
rule may be found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-04/pdf/2014-21093.pdf
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); (This is the basic requirements permit applications)
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)).