C.F.R. » Title 43 » PART 5—COMMERCIAL FILMING AND SIMILAR PROJECTS AND STILL PHOTOGRAPHY ON CERTAIN AREAS UNDER DEPARTMENT JURISDICTION › Subpart A—Areas Administered by the National Park Service, the Bureau of Land Management, and the U.S. Fish and Wildlife Service

43 C.F.R. § 5.4

When is a permit required for news-gathering activities?

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(a) Permit requirements. News-gathering activities involving filming, videography, or still photography do not require a permit unless:

(1) We determine a permit is necessary to protect natural and cultural resources, to avoid visitor use conflicts, to ensure public safety or authorize entrance into a closed area; and

(2) Obtaining a permit will not interfere with the ability to gather the news.

(b) Terms and conditions. All permits issued under this section will include only terms and conditions necessary to maintain order, ensure the safety of the public and the media, and protect natural and cultural resources.

(c) Exemptions. A permit issued for news-gathering activities is not subject to location fees or cost recovery charges.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2022–2022 · leading case: Gordon Price v. Merrick Garland, 45 F.4th 1059 (D.C. Cir. 2022).
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Gordon Price v. Merrick Garland, 45 F.4th 1059 (D.C. Cir. 2022). “He further argues that the distinction in the regulations between “news-gathering activities” (exempt from the permit-and-fee requirements) and filming a “documentary” (subject to the permit-and-fee requirements, 43 C.F.R. §§ 5.4 , 5.12, is untenable and arbitrary.”
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