Photographers Beware: Devils Tower N.M.

[D. Robert Franz]

My friend and I just returned from Devils Tower National Monument where we were nearly ticketed by a ranger for photographing without a permit. At the time we were photographing prairie dogs form a road pull off where thousands of people photograph the prairie dogs every year. The ranger asked if I sell my photos to which I answered truthfully that I did. At that point he said was in violation of the law and needed my ID and business name. I told the ranger I was very aware of when a permit was required for still photography on public lands (even is the image may be sold) and that he was wrong. He sure didn't like that. I've never seen a ranger more angry or threatening. We then requested a visit to the superintendent but he was out of town. We then asked to see the chief ranger and when he arrived the discussion continued. I asked 3 times to see the regulations but they never showed them to us. We saw them looking through the regs and then tear up the tickets. But were told that we could do no more photography until the matter was resolved. Basically we were told to leave. I usually carry a copy of the law for these situations but had them in a different bag that I left home... Doing some more research I found this http://www.nps.gov/deto/parkmgmt/upload/2008.1%20Superintendent%27s%20Compendium.pdf which in the Superintendents own words spells out when a permit is required. I'm now on a campaign to get an apology from the rangers involved and to get absolute clarification so the rangers won't pull this stunt again to other unsuspecting photographers. I may try to pursue some money since I forfeited camping fees etc.

[Grady Weed]

That seems rather a stressful and potentially dangerous situation. What was the reason he requested to ask YOU for ID over someone else with say a point and shoot? What makes him a "cop" and what training does he have to determine if YOU looked like you needed a permit? What is this world coming too? When did it get so bad for photographers that we need a permit when you and a friend decide to image something to take home for the memories or to sell even if you were so inclined to do so??? I just clicked on your link. 5a & 5b clearly do not pertain to someone who is "just clicking" a few images.

[James Shadle]

D. Bob,
Thanks for the link!!!
I've been detained by a deputy sheriff because the beach I was photographing shorebirds on was too close to a power plant.
Frustrating to be sure. It's not fun and it's good to be prepared (as you usually are:w3).

[D. Robert Franz]

UPDATE: I received a call from the chief ranger of D. T. just a few minutes ago. He admitted I was correct and apologized for his rangers behavior and for his lack of understanding of the law. I thanked him but told him I would be following up on this situation with letters to his superiors, government officials and politicians. I will need a written apology from the initiating ranger and confirmation from the park superintendent that I was correct and acted in accordance of the law. The CR understood why I would pursue this further and had no ill will towards me. Reading between the line it sounded as though his ranger received a sharp reprimand.

[D. Robert Franz]

D. Bob,
Thanks for the link!!!
I've been detained by a deputy sheriff because the beach I was photographing shorebirds on was too close to a power plant.
Frustrating to be sure. It's not fun and it's good to be prepared (as you usually are:w3).

Thanks Jim, One time many years ago I was photographing prairie dogs AGAIN that had a colony on Federal Prison property but I was photographing from a public road.. I was detained as well but ultimately released without chargers or tickets.... They must of thought I was planning an escape!

[PhilCook]

Had a similar experience here last year.....after being spotted by a Parks Ranger while I was carrying the big white lens I was informed that one is now required to have a paid permit to take photographs in National Parks in NSW if you are a professional photographer, and/or the images are to be used for sale or for public viewing on the internet etc. After some lengthy discussion I convinced the ranger it was not my profession but a serious hobby...but I was surprised to be approached for this.

[John Chardine]

All I can say is WOW, incredible. I suspect that we do not have anything like this in Canada but I should check it out.

BTW in Canada wildlife enforcement officers are "peace officers" which means they have the same status as police. They can ticket you for speeding on any road if they so wish. Another BTW, wildlife rangers, conservation officers and the like in the US at least have one of the most dangerous jobs in the country. I would imagine you do not want to mess with them.

[James Shadle]

Thanks Jim, One time many years ago I was photographing prairie dogs AGAIN that had a colony on Federal Prison property but I was photographing from a public road.. I was detained as well but ultimately released without chargers or tickets.... They must of thought I was planning an escape!

I had the same situation in Zepherhills but with Sandhill Cranes.
I was on a public road, they said I could leave or come inside the prison and talk about it.
Needless to say I chose to leave. However I called the warden the next day and received permission (with certain restrictions).

[James Shadle]

All I can say is WOW, incredible. I suspect that we do not have anything like this in Canada but I should check it out.

BTW in Canada wildlife enforcement officers are "peace officers" which means they have the same status as police. They can ticket you for speeding on any road if they so wish. Another BTW, wildlife rangers, conservation officers and the like in the US at least have one of the most dangerous jobs in the country. I would imagine you do not want to mess with them.

John,
In Florida the "FWC" or Florida Wildlife Conservation Commission officers can enforce about any law in any jurisdiction.
They tend to be "grumpy" much of the time. I probably would be too knowing that Wildlife officers had the highest mortality rate per capita of any other law enforcement agency.

[D. Robert Franz]

I received a rather terse email today from the initiating ranger of this incident indicating that the law had been changed recently (which it hasn't) and that I was doing nothing illegal. This will not stop me from going forward with my complaints. Not even an apology from the ranger....

[Daniel Cadieux]

Seems like his ego is the way...

Thanks for the thread and the updates.

[dankearl]

Robert, you were being scammed. This is the official national park guideline. The ranger or his superior was totally wrong to the point of almost criminal conduct.

Commercial Filming and Still Photography PermitsLands of the United States were set aside by Congress, Executive or otherwise acquired in order to conserve and protect areas of untold beauty and grandeur, historical importance, and uniqueness for future generations. This tradition started with explorers who traveled with paint and canvas or primitive photo apparatus before the areas were designated as a national park. The National Park Service permits commercial filming and still photography when it is consistent with the park’s mission and will not harm the resource or interfere with the visitor experience.
When is a permit needed?
All commercial filming activities taking place within a unit of the National Park system require a permit. Commercial filming includes capturing a moving image on film and video as well as sound recordings.
Still photographers require a permit when
1. the activity takes place at location(s) where or when members of the public are generally not allowed; or
2. the activity uses model(s), sets(s), or prop(s) that are not a part of the location’s natural or cultural resources or administrative facilities; or
3. Park would incur additional administrative costs to monitor the activity.
How do I apply for apply for a permit?
Permit application are available through each park administrative office or on some park web sites. Park Headquarters’ addresses are found on the web at http://www.nps.gov/parks.html.
You should submit a completed application along with the application fee to the park where you want to film or photograph as far in advance of your planned date at possible. In addition, you should request a meeting with park staff if your proposed activity is unusual or complex. Early consultation with park staff will help them process the application in a timely manner once it is submitted.
What fees will I have to pay?
The National Park Service is authorized to collect two fees; cost recovery and a location fee. Cost recovery includes an application fee which must be submitted with your application and well as a charge to cover the costs incurred by the National Park Service in processing your request and monitoring your permit. This amount will vary depending on the size and complexity of your permit.
In addition, the National Park Service has been directed by Congress to collect a fee to provide a fair return to the <st1:country-region tabindex="0" w:st="on" style="background-image: url(res://ietag.dll/#34/#1001); background-position: 0% 100%; background-repeat: repeat no-repeat; "><st1:place tabindex="0" w:st="on" style="background-image: url(res://ietag.dll/#34/#1001); background-position: 0% 100%; background-repeat: repeat no-repeat; ">United States</st1:place></st1:country-region> for the use of park lands. The National Park Service uses the following fee schedule:

<tbody>
Commercial Filming/Videos
Still Photography


1 - 2 people, camera & tripod only
$0/day




1 - 10 people
$150/day
1 - 10 people
$50/day


11 - 30 people
$250/day
11 - 30 people
$150/day


31 - 49 people
$500/day
Over 30 people
$250/day


Over 50 people
$750/day



</tbody>
Are there other permit requirements?
You will be required to obtain liability insurance naming the <st1:country-region tabindex="0" w:st="on" style="background-image: url(res://ietag.dll/#34/#1001); background-position: 0% 100%; background-repeat: repeat no-repeat; "><st1:place tabindex="0" w:st="on" style="background-image: url(res://ietag.dll/#34/#1001); background-position: 0% 100%; background-repeat: repeat no-repeat; ">United States</st1:place></st1:country-region> as additionally insured in an amount commensurate with the risk posed to park resources by your proposed activity. You may also be asked to post a bond to ensure the payment of all charges and fees and the restoration of the area if necessary.
Permit forms and information.
Federal Register Vol. 71, No. 71 (http://www.nps.gov/applications/digest/FRpublishedFinalRule.pdf) (pdf - 56k)
Benefit-Cost/Unfunded Mandates Act Analysis & Small Business and Regulatory Flexibility Act Analysis (http://www.nps.gov/applications/digest/NPS_Filming_Fees_BCA_FINAL.pdf) (pdf - 110k)

[D. Robert Franz]

[QUOTE=dankearl;929453]Robert, you were being scammed. This is the official national park guideline. The ranger or his superior was totally wrong to the point of almost criminal conduct.

Thanks Dan... I knew the law and that's why I didn't back down. I've gotten some real negative feedback from some that standing up for our rights may cause more harm than good. I've tried to be a professional as possible but will continue to fight for mine and every photographers rights.. I sure don't understand why some people would just want to let it be...

[Evan Cain]

When is a permit needed?
All commercial filming activities taking place within a unit of the National Park system require a permit. Commercial filming includes capturing a moving image on film and video as well as sound recordings.
Still photographers require a permit when
1. the activity takes place at location(s) where or when members of the public are generally not allowed; or
2. the activity uses model(s), sets(s), or prop(s) that are not a part of the location’s natural or cultural resources or administrative facilities; or
3. Park would incur additional administrative costs to monitor the activity.



With DSLRs being able to record "a moving image on film and video as well as sound recordings", does this mean that if you were filming with a DSLR you would need a permit? I bet these rules were written before video was integrated in cameras. hmm...

[Miguel_Tiago]

Robert, you were being scammed. This is the official national park guideline. The ranger or his superior was totally wrong to the point of almost criminal conduct.

With all due respect this may perhaps be overstated.

[/QUOTE]
Commercial Filming and Still Photography PermitsLands of the United States were set aside by Congress, Executive or otherwise acquired in order to conserve and protect areas of untold beauty and grandeur, historical importance, and uniqueness for future generations. This tradition started with explorers who traveled with paint and canvas or primitive photo apparatus before the areas were designated as a national park. The National Park Service permits commercial filming and still photography when it is consistent with the park’s mission and will not harm the resource or interfere with the visitor experience.
When is a permit needed?
All commercial filming activities taking place within a unit of the National Park system require a permit. Commercial filming includes capturing a moving image on film and video as well as sound recordings.
Still photographers require a permit when
1. the activity takes place at location(s) where or when members of the public are generally not allowed; or
2. the activity uses model(s), sets(s), or prop(s) that are not a part of the location’s natural or cultural resources or administrative facilities; or
3. Park would incur additional administrative costs to monitor the activity.
How do I apply for apply for a permit?
Permit application are available through each park administrative office or on some park web sites. Park Headquarters’ addresses are found on the web at http://www.nps.gov/parks.html.
You should submit a completed application along with the application fee to the park where you want to film or photograph as far in advance of your planned date at possible. In addition, you should request a meeting with park staff if your proposed activity is unusual or complex. Early consultation with park staff will help them process the application in a timely manner once it is submitted.
What fees will I have to pay?
The National Park Service is authorized to collect two fees; cost recovery and a location fee. Cost recovery includes an application fee which must be submitted with your application and well as a charge to cover the costs incurred by the National Park Service in processing your request and monitoring your permit. This amount will vary depending on the size and complexity of your permit.
In addition, the National Park Service has been directed by Congress to collect a fee to provide a fair return to the <st1:country-region tabindex="0" w:st="on" style="background-image: url(res://ietag.dll/#34/#1001); background-position: 0% 100%; background-repeat: repeat no-repeat; "><st1:place tabindex="0" w:st="on" style="background-image: url(res://ietag.dll/#34/#1001); background-position: 0% 100%; background-repeat: repeat no-repeat; ">United States</st1:place></st1:country-region> for the use of park lands. The National Park Service uses the following fee schedule:

<tbody>
Commercial Filming/Videos
Still Photography


1 - 2 people, camera & tripod only
$0/day




1 - 10 people
$150/day
1 - 10 people
$50/day


11 - 30 people
$250/day
11 - 30 people
$150/day


31 - 49 people
$500/day
Over 30 people
$250/day


Over 50 people
$750/day



</tbody>
Are there other permit requirements?
You will be required to obtain liability insurance naming the <st1:country-region tabindex="0" w:st="on" style="background-image: url(res://ietag.dll/#34/#1001); background-position: 0% 100%; background-repeat: repeat no-repeat; "><st1:place tabindex="0" w:st="on" style="background-image: url(res://ietag.dll/#34/#1001); background-position: 0% 100%; background-repeat: repeat no-repeat; ">United States</st1:place></st1:country-region> as additionally insured in an amount commensurate with the risk posed to park resources by your proposed activity. You may also be asked to post a bond to ensure the payment of all charges and fees and the restoration of the area if necessary.
Permit forms and information.
Federal Register Vol. 71, No. 71 (http://www.nps.gov/applications/digest/FRpublishedFinalRule.pdf) (pdf - 56k)
Benefit-Cost/Unfunded Mandates Act Analysis & Small Business and Regulatory Flexibility Act Analysis (http://www.nps.gov/applications/digest/NPS_Filming_Fees_BCA_FINAL.pdf) (pdf - 110k)
[/QUOTE]

The most important part of this rather broad bit of federal boiler-plate is in the first paragraph: 'The National Park Service permits commercial filming and still photography when it is consistent with the park’s mission and will not harm the resource or interfere with the visitor experience.'

This sentence basically places any and all commercial activities with any kind of camera at the discretion of the NPS and any given units management team ie: the Park or unit superintendent. I'm not making this up when I say that there is legal precedent to support that interpretation. Probably the most 'evolved' examples are in some of Alaska's parks: http://www.nps.gov/dena/parkmgmt/commfilm2.htm

Not many years ago while working with a permit in one of Alaska's parks I witnessed another film unit shut down and ticketed for working without a permit, I also know of a 2 person crew that was shut down a few years before (hence my caution in obtaining a permit).

It seems to me that in the past 10 years the division between 'pro' and 'amateur' has perhaps become somewhat greyer (and I'm not talking about grecian formula), in that the things that used to identify a professional in terms of equipment and operations that may have raised a concern of 'interfering with the visitor experience' are just about everywhere now. Lots of people want to see wildlife on public lands and not all of them want to compete with photographers and camera crews for a view.

I don't know the specifics of the OP, and I don't want it to sound as though I am taking sides on my very first post to this forum (!) but I never set foot with my gear in a NP, NWR, NF or even BLM unit without checking things out well in advance with a phone call and introduction.

This seems to amaze some people, and believe me--as someone who used to just drop in for a few days in the winter in Arches, Zion or Joshua Tree back in the 80s with my 4X5 gear, I'm a little amazed myself that there are now fees and reservation systems in place. The world turns.