Feds want to restrict filming in wilderness areas
The Statesman Journal
By Zac Urness
September 25, 2014
The U.S. Forest Service has proposed a set of rules that would strictly limit filming and photography in federal wilderness areas by media companies, commercial outfitters, nonprofit groups and even, potentially, members of the general public.
The directive, which has been on the books for 48 months but hasn't been enforced, is intended to tighten restrictions on people and organizations that derive commercial gain or seek to raise funds through images taken within the 36 million acres of wilderness area managed by the Forest Service.
The proposed rules would require newspaper photographers, television producers or filmmakers to obtain a special use permit before entering a wilderness area — unless they were covering "breaking news." A Forest Service supervisor would then determine whether the story has merit under the criteria of the directive.
The special use permit could be denied, raising First Amendment concerns. The permit would also cost upwards of $1,500 and bring a $1,000 fine to anyone caught breaking the rule.
"The Wilderness Act pretty clearly prohibits commercial enterprise in wilderness areas," said Liz Close, Acting Director of Wilderness for the U.S. Forest Service, who added that the rules are meant to preserve the "untamed" character of wilderness areas.
A loose version of the rules have been around in the past, Forest Service officials said. A proposal to film a commercial for an SUV in the Mount Jefferson Wilderness would always have been denied, for example. Even advertisements for REI's most recent tent would likely need to be filmed outside wilderness boundaries.
Close said the current directive was intended to create a uniform set of rules and eliminate confusion.
"Some of our decision makers were having trouble determining how to permit some activities," she said.
The problem, say critics, is the Forest Service has taken that idea and applied it overzealously.
It would apply to a rafting company that wanted to make a video showcasing a trip through the Wild Rogue Wilderness. It may also apply to a hobbyist photographer who took a picture within the Diamond Peak Wilderness and wanted to sell a print online.
Forest Service officials gave conflicting answers about whether photography would require a special use permit, but the official language of the directive includes photography.
Far more troubling to some is the prospect of journalists being denied access to a wilderness area because a government agency didn't approve of a story idea.
"On the one hand I really do understand what they are trying to do — if you have a huge crew filming a movie or commercial on wilderness land, it can have a very negative impact," said Steve Bass, Oregon Public Broadcasting President and CEO, whose company produces the popular television show Oregon Field Guide.
"But the government can't determine what's news and not news – it's a pretty clear violation of the First Amendment."
The rule is up for public comment until Nov. 3.
Here is the language in a proposed U.S. Forest Service rule that would restrict filming and photography in wilderness areas. Such activity would need to meet the following criteria:
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.
Next Article