(SitNews) Washington, D.C. - Addressing concerns regarding the U.S. Forest Service's proposed special use permits related to still photography and commercial filming in congressionally designated wilderness areas, USFS Chief Tom Tidwell said yesterday that he will ensure the First Amendment is upheld under agency commercial filming directives.

Concerns arose following a September 4th Federal Register notice issued by the U.S. Forest Service 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.

In response to concerns the U.S. Forest Service’s new photography policy would create an overly restrictive fee system that could prevent Alaskans, journalists, and visitors from taking photos or videos in our national forests, U.S. Senator Mark Begich (D-AK) said in a prepared statement Friday, “These proposed rules are ridiculous. It’s deeply troubling that the USFS is proposing to make Alaskans pay a ‘photo fee’ in the Tongass or Chugach -- it’s absurd.”

Tongass National Forest Bears
Photo courtesy of Anan Interpretive Staff, Tongass National Forest

Begich said, “The rule also appears to defy common sense, as the cost to issue complete and process paperwork permits would likely far outweigh the revenue generated. I will be contacting U.S. Department of Agriculture Secretary Vilsack and USFS Chief Tidwell to re-consider this unnecessary rule that tramples on First Amendment rights. The bottom line is that Forest Service policy should protect the First Amendment and allow Alaskans to hunt, fish, hike or photograph our national forests unhindered.”

Withing hours of Sen. Begich expressing his concerns, the U.S. Forest Service released information clarifying the agency’s intentions regarding the proposed directive for commercial photography and filmmaking in congressionally designated wilderness areas.

“The U.S. 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.”

He said 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 said Tidwell.

According to the Forest Service, 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 said Tidwell. 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. According the the Forest Service, the $1,500 commercial permit fee cited in many publications is erroneous, and refers to a different proposed directive.

According to information provided by the Forest Service, the agency 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.

Edited by Mary Kauffman, SitNews

On the Web:

Federal Register: Proposed Directive for Commercial Filming in Wilderness; Special Uses Administration
A Notice by the Forest Service on 09/04/2014
https://www.federalregister.gov/articles/2014/09/04/2014-21093/proposed-directive-for-commercial-filming-in-wilderness-special-uses-administration

Source of News: 

Office of U.S. Senator Mark Begich
www.begich.senate.gov

U.S. Forest Service
www.fs.fed.gov

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