New National Park Photo Regs?

[Kirk Gittings]

I like to keep a copy of the natinal park regs with me. My current copy states a "sunset date" of April 4. 2004. Are there new regs out there? I can't find them on line.

[John O'Connell]

http://www.access.gpo.gov/cgi-bin/cf...i?title=200736

[Kirk Gittings]

Here it is. It has been extended to "2006 or when superceded"?

http://www.nps.gov/policy/DOrders/DOrder53.html

[Scott Knowles]

Also available at http://www.nps.gov/archive/fiis/permits/film/film.html.

[Jeff Conrad]

Since May 26, 2000, the policy has been dictated by Public Law 106-206, which requires a permit for photography that uses models or props, and allows the NPS to require a permit for photography that takes place at locations where members of the public are generally not allowed, or where additional administrative costs are likely.

The wording is a slight change from previous policy, which was governed by 36.CFR 5.5(b), and required a permit for taking of photographs of any vehicle, or other articles of commerce or models for the purpose of commercial advertising.

The difference, at least ostensibly, is that the photography need not be for the purpose of commercial advertising to require a permit. Because the law doesn't define "model" or "prop," there is some potential ambiguity. I have heard reports, in some cases from the NPS, that they may construe "model" or "prop" to include anyone or anything not a part of the natural environment, which wasn't the intent of the law.

I believe that ordinary rules of construction would necessarily interpret the new law to have the same meaning as the previous, namely, that the photography be associated with commercial advertising to require a permit. Although DO 53, which Kirk cited, actually used the same language as Public Law 106-206, it would have been constrained by 36 CFR 5.5(b), so it would only be reasonable to assume that it had the same meaning. I'm not sure that what might persuade a judge would be as effective with a person packing iron, however. For that reason, I recommended that they explicitly define "model" and "prop" to avoid the problem.

The BLM, FWS, and NPS recently proposed changes to the Code of Federal Regulations that would incorporate Public Law 106-206 and replace 36 CFR 5.5(b). We discussed that proposal in this thread. The comment period closed on October 19; about 50 comments were submitted. Except for a strong protest by a group representing 19 journalists' organizations, there wasn't any comment from photographer's organizations.

The DOI agencies may respond to the comments and propose a rule, or they may simply issue the rule as proposed. I doubt that anything will happen before early next year.

[Kirk Gittings]

Thanks for that overview. I carry the regs to educate overzealous park employees.