Forest Service defends new filming regs

Photographers and lawmakers took the Forest Service to task last week when they heard of new rules on filming and photography in wilderness areas.

At issue were numerous media reports that the Forest Service would charge photographers as much as $1,500 a day to shoot in the wilderness, even if they were news organizations covering a story. Filmmakers who violated the law could see a fine of up to $1,000.

The Forest Service claims those reports are erroneous. The proposal does not change the rules for visitors or recreational photographers, Forest Service chief Tom Tidwell said in a press release.

“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,” the release states.

“The proposal does not apply to news coverage, gathering information for a news program or documentary,” the release adds. “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.”

The new rule clarifies regulations that have been in use for the past four years as far as what is and what isn’t acceptable use for filmmakers in a wilderness setting. Motorized use, for example, isn’t allowed in wilderness.

But the new rule drew the attention of Sens. Jon Tester and John Walsh and Rep. Steve Daines.

“We have grave concerns and are deeply skeptical of the government putting limits on activity protected under the First Amendment,” Tester and Walsh said. “We urge you to withdraw and redraft the directive in a way that addresses these concerns by not subjecting the press to this proposed permitting process.”

Daines had similar sentiments.

“Many Montanans and visitors to wilderness areas across the country each year choose to document and share special moments on social media, a blog or through e-mails and texts with their family,” Daines said in a press release. “The uninhibited ability to share these experiences is important to fostering an appreciation for public lands and protecting Montana’s way of life.”

Daines also he was concerned the new rule could impose an unwarranted burden on the press.

“While I understand the Forest Service’s desire to recover certain costs, I believe these concerns should be addressed before the directive is finalized,” he said.

The Forest Service, however, claims it’s not trying to squash anyone’s rights.

“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 First Amendment rights very seriously,” Tidwell said. “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.”