Skip to content

Moon Rising Over Half Dome

This photo of the moon rising over Half Dome was taken earlier this year, on Feb 22, in Yosemite National Park, California.  

Permits for Events and Workshops on Public Lands
I was chatting with a friend on G+ recently and he said he might start leading photography workshops.  The requirements vary from property to property, but generally you need $2 million in liability insurance, first aid training, and you have to apply for permits ranging from $200 per year to $1500 for a single event, and there can be additional monitor charges. I've been down that road, so I referred him to this useful summary of parks and permit requirements:

Still Photography and Permits On US and California Public Land
http://www.largeformatphotography.info/photo-permits/

What happens if you don't get a permit?  I hear that the fines are not small, and there are photographers who will gladly turn you in if they catch you with a group and no permit.  For example here's a note which was circulating earlier this year.  

——————————-
IMPORTANT MESSAGE REGARDING PERMITS

Fellow Photography Workshop Operators,

My name is Stephen Oachs, the founder of the Aperture Academy, based in San Jose, California. The Aperture Academy (http://www.apertureacademy.com) conducts over 200 workshops each year with approximately 30% of these operated with the National Park System, National Forests and other government managed areas.

As you should know, working with government agencies to obtain the proper permits is challenging and comes with a long list of requirements, including proper insurance, CPR training, and wilderness certifications such as Leave No Trace, EMT and/or Wilderness First Responder training. These requirements are understandable as we are responsible for providing our customers with not only a fun and educational experience, but most importantly a safe one.

It has come to our attention over the past few months that there are more and more photographers conducting workshops without the proper permits, insurance and safety training and this is causing the park system to increase their scrutiny in an effort to police the offenders. With that, it is also making it more difficult for those of us who operate legally and do everything it takes to ensure full compliance.

For those of you who share in our mission to operate legally, safely and ethically, thank you. For those of you who continue to cheat the system and refuse to abide by the law, I am asking you to either step up and begin operating legally, or, choose to operate your photography workshops in locations that do not require special use permits. 

Given the importance of this type of compliance and how violators threaten the future success of Aperture Academy and other tour businesses, If you insist on operating illegally and we become aware of this, we will not hesitate to report you to the appropriate government agencies.

Thank you for your understanding and attention to this matter — good luck to you all in 2013!

Stephen W. Oachs
—————————————
Gallery: (408) 369-8585
http://www.ApertureAcademy.com

Moon Rise Over Half Dome Friday, February 22, 2013

Google+: Reshared 50 times
Google+: View post on Google+

Comments

42 thoughts on “Moon Rising Over Half Dome”

  1. I'll be running a few Yosemite workshops this year.  I hope to have my new Web site listing them up and running shortly, but you can contact me directly with interest in the meantime.

  2. I believe that some federal agencies have a consistent process across the agency, but National Parks definitely have entirely different forms, processes and fee structures from park to park.  Similarly, a permit in one National Forest won't apply to an adjacent one. +Tamara Pruessner 

    Death Valley had a one step $200 permit, Yosemite had a two step process and a variable fee, which ended up being $350.  Bodie at night is $500 + $100/person, but the instructors get charged per person too, so there's a massive up front cost to overcome… $700 for the first customer (and instructor, not including insurance, travel, or any pay for the instructor… for 7 hours of access.

  3. I have very mixed feelings about this. One could argue that these are public lands, paid for by our tax dollars, and we should not have to pay additional permitting fees for their use. I know one counter argument would be that the organization leading the workshop is operating a business, and this is simply a cost of doing business, but that cost will be entirely born by the students anyway, so really this is just raising the price of said workshops for students (which is more likely to impact me as I don't see myself leading a workshop that people would pay me for anytime in the near future!). Why should a group of students pay more to use public lands than they would pay if they simply went to the park on their own? And why do the group leaders need more instruction on ecological impact than an equivalent number of independent visitors would receive? I think this is an example of bureaucracy overstepping its bounds, and it also disproportionately impacts smaller operators.

  4. I'm really glad you brought that up +Andrew Wisler, as I have mixed feelings about many aspects as well.  There's a useful role for park managers to protect the resources, but that's spelled out in relevant laws, and that site I linked to has another page dedicated to the legislative basis for regulating photography, which clearly states that permit fees should apply when models of props are used, or there is likelihood of resource damage:

    Public Law 106-206
    5/26/2000: Signed by President; Became Public Law No: 106-206 [114 Stat. 314; cod. 16 USC 460l-6d]. 
    H.R.154
    One Hundred Sixth Congress
    of the
    United States of America
    AT THE SECOND SESSION
    (c) STILL PHOTOGRAPHY—
    (1) Except as provided in paragraph (2), the Secretary shall not require a permit nor assess a fee for still photography on lands administered by the Secretary if such photography takes place where members of the public are generally allowed. The Secretary may require a permit, fee, or both, if such photography takes place at other locations where members of the public are generally not allowed, or where additional administrative costs are likely.
    (2) The Secretary shall require and shall establish a reasonable fee for still photography that uses models or props which are not a part of the site’s natural or cultural resources or administrative facilities.
    (d) PROTECTION OF RESOURCES—The Secretary shall not permit any filming, still photography or other related activity if the Secretary determines—
    (1) there is a likelihood of resource damage;
    (2) there would be an unreasonable disruption of the public’s use and enjoyment of the site; or
    (3) that the activity poses health or safety risks to the public.
    http://www.largeformatphotography.info/photo-permits/PermitRegulations.htm

    A workshop leader who doesn't want to lose the privilege of operating in a park is providing oversight of students, ensuring minimal impact and resource damage in the park.  

    Some federal organizations state that the purpose of permit licensing and fees is cost recovery, but like a local park where an entry fee is initiated and the fees must be raised to pay for the new fee collector, I wonder how much of the fee is simply to pay an $80,000 salary and lifetime retirement benefits to fund the permit issuer jobs. In many parks workshop leaders are required to ensure that the students paid their entry fees, so they're providing unpaid oversight and a positive influence on park revenue.  And as the story told in the letter clearly states, first aid trained workshop leaders also can help in emergency medical situations, further minimizing impact on park staff and budget.  Last but not least, providing a competent tour encourages workshop leaders to provide interpretive and educational information similar to ranger-led walks, supplementing park staff at no cost.  The advertising paid for by the workshop host and the photos produced by the group present the park and its best resources in the best light (literally and figuratively) to the public, and promote the park's visitation, enjoyment and use by others (supporting the park's charter and visitor revenue).

    If both the law's clear intent and the oversight, educational and revenue benefits of qualified workshop instructors are going to be ignored in favor of expanding the bureaucratic process intended for managing film crews, there still are questions about how those fees should be collected.  Most parks tend to collect a flat fee, but should a sole proprietor running one workshop with four attendees in each of four parks really pay the exact same rate as an organization running 100 workshops in those four parks?  According to the Bureau of Labor Statistics, the average photographer makes $28,000, not far above the poverty line.  Why would federal agencies insist on putting poor people out of business by charging them $100 per customer for one weekend, while letting the major operators already dominating the workshop business in that area off at $5 to $10 per customer?  It's completely nonsensical, and seems to clearly and completely contradict any claims that the fees are related to (should scale with) resource or management impact.  The massive amount of time I'll spend filling out paperwork and communicating back and forth with the nice people at 5 or 6 agencies is time not spent making my business more effective.  A single three day workshop can easily visit lands managed by 4 or 5 agencies, so due to the bureaucratic overhead I am limited to operating in only one or two regions, severely limiting my workshop offerings in a year (and the number of times a customer will be interested in returning).  

    Putting small operators out of business reduces competition and raises costs for attendees, it is bad for the local economy and minimizes tax revenue as workshops at low price points can't operate.  Fewer people can afford to take workshops with higher costs, which minimizes park visitation.

    These are not hypothetical arguments.  I paid over $4100 in access and permit fees last year and I'll pay about $8000 – $10,000 in fees this year (while leaving out many of the parks and workshops I'd like to offer).  That might make a huge difference in whether or not my daughter +Nicole Sullivan can attend college next year.  I love our parks and completely understand the need to monitor and manage many commercial activities, but the ripple effect of government over-regulation damaging the smallest businesses with a "death by a thousand cuts" in lost time and additional cost affects real people, and that does have a broad and multi-generational impact.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Loading Facebook Comments ...