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Update on protest against National Forest Service rules requiring permit for filmmaking, photography

 
ASNE was one of 17 organizations that immediately 
sent a letter to Forest Service Chief Thomas Tidwell that opposed the proposal to make permanent certain interim directives, which govern the need for permits by those engaged in commercial filmmaking or still photography on National Forest System lands.  

We were pleased when Tidwell issued a memorandum for all Forest Service personnel that clearly stated: "Journalism or media coverage is not to be considered a commercial activity for purposes of the regulations or our permit policies on any NFS lands." But we also knew that the effect of his words would be limited, and comments would need to be filed. 
 
Back in September, the United States Forest Service issued a Notice of Proposed Directive requesting comments on a proposal to make permanent certain interim directives, currently in its handbook, which govern the need for permits by those engaged in commercial filmmaking or still photography on National Forest System lands. The Notice of Proposed Directive also indicated that additional criteria would be used to review applications for the required permits. 

There was an immediate outcry from the journalism community that felt that the permitting requirements should not apply to the vast majority of newsgathering activities (whereas the interim directive only contained an exemption for "breaking news"). 

ASNE was one of 17 organizations that immediately sent a letter to Forest Service Chief Thomas Tidwell that opposed the proposal. We were pleased when Tidwell issued a memorandum for all Forest Service personnel that clearly stated: "Journalism or media coverage is not to be considered a commercial activity for purposes of the regulations or our permit policies on any NFS lands." But we also knew that the effect of his words would be limited, and comments would need to be filed. Those comments have now been filed and recommend: 
  1. Replacing any and all references to "breaking news" found in the directives that relate to permits with "journalism," which itself will be defined broadly.
  2. Making certain changes to the definition of "Commercial Filmmaking" to make it clear that newsgathering activities, including documentary filmmaking, don't require a permit.  
  3. In those instances where a permit is required, the review of applications for a permit must focus solely on the effect the activity will have on the Forest Service lands and the public's enjoyment thereof, rather than the message to be conveyed in the film or photography.

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