Wilderness photo proposal draws criticism

Published 7:43 am Friday, September 26, 2014

WASHINGTON — Facing widespread criticism of its proposal to tighten rules governing photography in wilderness areas, the U.S. Forest Service announced Thursday that it will extend the period for public comments on the proposal by 30 days.

Under the proposed directive, reporters would need to apply ahead of time for permits to take pictures and videos in federally designated wilderness areas. The permits would cost as much as $1,500, and failure to obtain one could result in a $1,000 fine.

Additionally, the Forest Service would determine whether the work described in the application “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,” according to the proposed directive, which was published this month in the Federal Register.

“The Forest Service proposed directive on commercial filming in Wilderness has been in place for more than four years and is a good faith effort to ensure the fullest protection of America’s wild places,” Larry Chambers, an agency spokesman in Washington, D.C., said in an email Thursday.

“In the coming weeks the Forest Service will be setting up public meetings to answer questions from the public, including journalists and members of wilderness groups.”

The public comment period will remain open through Dec. 3, he said.

Chambers did not respond to questions about how many applications had been submitted under the Forest Service’s rules, how many permits had been granted, and how many fines had been issued for noncompliance.

The proposed rule has drawn criticism from several corners, including members of Congress, journalism groups and environmental organizations.

On Thursday, Rep. Greg Walden, R-Hood River, wrote to Forest Service Chief Tom Tidwell to express his concerns over the proposal.

“I continue to hear from constituents across Oregon’s Second District who feel the Forest Service continues to go overboard in limiting access to our public lands, including national forests and wilderness areas, and these new reports are just the latest example of access to our public lands being further restricted,” Walden’s letter states. “Furthermore, I am very concerned about the implications this has for Americans’ First Amendment freedoms of speech and the press.”

Keith Chu, spokesman for Sen. Ron Wyden, D-Ore., said the extension of the comment is a good start, but it is more important for the Forest Service to either scrap or rewrite the rule.

“Any rule that puts this kind of limit on reporters or bloggers, or potentially anyone with a cell phone, isn’t going to pass muster with the First Amendment,” Chu said.

Tim Wheeler, a reporter for The Baltimore Sun who chairs the Society of Environmental Journalists’ Freedom of Information Task Force, said the organization had received an outpouring of concern from its members over the Forest Service’s proposal.

“Many believe the permit and fee requirements would have a major chilling effect on coverage of federal wilderness areas. The public — and indeed the wild lands — will suffer if this goes through. SEJ has registered its high degree of concern with the USFS, as have other journalism groups and news outlets,” Wheeler said.

“We’re encouraged that the USFS has heard us and today extended the public comment period until Dec. 3, in part to hold meetings with stakeholders like us. We hope to persuade the USFS to adopt a policy that we believe can still protect wilderness from harm while being more compatible with the First Amendment.”

In a prepared statement, Paul Spitler, The Wilderness Society’s director of wilderness campaigns, said that wilderness is supposed to be protected for people, not from people. The Wilderness Act should be carried out so that people are allowed to take pictures and video in wilderness, he said.

“Protecting our remaining wild landscapes is critical, but we need to make sure people can also access and experience these places,” Spitler said. “We need to make sure that this directive and the management of our wilderness do not negatively affect those who want to explore and help others appreciate and protect our wild places.”

Nationwide, there are more than 750 wilderness areas, including 47 in Oregon, that span more than 109 million acres. Four federal agencies oversee those wilderness areas: the Forest Service, the Bureau of Land Management, U.S. Fish and Wildlife Service and the National Park Service. The Forest Service manages more than 36 million acres of wilderness.

—  Reporter: 202-662-7456, aclevenger@bendbulletin.com

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