Join/Renew   Currents Newsletter   Regional Resources   Document Library   Speaker's Bureau   President's Page   Member Survey   Membership Info	President's Message January/February 2008 Photography on Public Lands by Richard Halperin, President There are probably few NANPA members who do not photograph on U.S. government public lands. Our national parks, national wildlife refuges and sites under the jurisdiction of the Bureau of Land Management (all of which are administered by the Department of the Interior) and our national forests (administered by the Department of Agriculture) contain a rich variety of photographic subjects. If you photograph on public lands, knowing the rules that govern the interaction between photographers and the government agencies noted above is important. In May of 2000, Congress enacted Public Law 106-206. That legislation prohibits the Agriculture Department and Interior Department from requiring permits or imposing fees for certain kinds of photography and, on the other hand, directs those departments to require permits and impose fees for other kinds of photography. Let me explain. Still Photography The law says that the departments of Agriculture and the Interior cannot require a permit or charge a fee for still photography if the photography takes place where members of the public are generally allowed. A permit may be required and a fee may be charged if the photography takes place at other locations where members of the public are generally not allowed, where additional administrative costs are likely, or where the photography involves models or props that are not a part of the site's natural or cultural resources or administrative facilities. Thus, even a professional photographer who hopes to make millions from a shoot cannot be subject to a permit or a fee so long as the photographer is working where members of the public are generally allowed, no models or props are used, and no additional administrative costs are likely. We have urged NANPA members to keep a copy of Public Law 106-206 handy in case they are questioned by government personnel who are not familiar with these rules. Motion Picture Photography Public Law 106-206 directs the departments of Agriculture and Interior to require a permit and establish a fee for commercial filming. Commercial filming is not defined in the legislation. The Interior Department's proposed regulations define commercial filming as digital or film recording of a visual image or sound recording for a market audience, such as a documentary, television or feature film, advertisement or similar project. It does not include news coverage or visitor use. The law, therefore, allows still photography even for the most crass commercial purposes, but as interpreted in the proposed regulation, lays down impediments to motion picture or sound recording even for documentary or public information purposes. So be warned: if you are a professional photographer and you bring your video camera, you can expect to be required to obtain a permit and pay a fee. We understand that these fees can run into thousands of dollars. There Are Still Questions NANPA and other photography organizations have been engaged in a dialog with the Interior Department to try to bring about workable and sensible regulations. We must remember, however, that the department is not free to ignore the legislation and, therefore, it must impose fees for commercial filming. The definition of commercial is a key part of this dialogue. The NANPA board is also considering the longterm implications of technological developments in digital photography. Some techies are predicting that, relatively soon, high-definition video will be the preferred method of shooting still photography of moving subjects. When you bring your new high-definition video camera to shoot stills, are you filming? If so, will the current legislation be as obsolete as your present 12 megapixel SLR? Stay tuned. Back to President's Page         Site Index       Search       Disclaimers       Contact Us   North American Nature Photography Association 10200 West 44th Avenue, Suite 304 Wheat Ridge, CO 80033-2840, USA Phone: 303-422-8527 Fax: 303-422-8894 E-mail: info@nanpa.org   © 2001 All Rights Reserved