This posting concerns serious illegal activity by some photo workshops — activity that also undermines the maintenance of federal BLM and National Park lands. And you should be aware that if you participate in such a workshop, it can be shut down by the BLM or Park Service. So I apologize for the length, but the issues discussed below are of critical importance for anyone who pays for workshops in the western United States.
About one year ago, I participated in a photo workshop, in a western state, that was organized and guided by at least one nationally recognized photographer. At the time I was considering participating in a follow-up workshop, in the same state, run by the same individual and company. When I mentioned this photo workshop to a hiking guide service in that local area, the local hiking guide service looked up the name of the photo workshop on the BLM web site that lists permit holders, and said that the organizer did not have a permit and was operating illegally. The local guide service, without my permission, reported that photo workshop to the BLM for operating without a permit. I then informed the photo workshop organizer, fearing that I had caused him a problem. The photo workshop organizer told me that the BLM was fully aware of his workshop and its activities. I ultimately did not sign up for the particular workshop, and instead pursued my own photography in the same area and at the same time, and ran across the workshop several times on BLM lands.
Upon my return home, I decided to follow up, as the entire episode was quite troubling. I called the BLM office and spoke to the BLM official responsible for permits. He was aware of this photo workshop, because due to the call from the local hiking guide service, the organizer of the photo workshop had been forced to call the BLM. As a result, the photo workshop organizer -- who did not have a permit -- had been instructed by the BLM to stay off of gravel roads and BLM lands, and limit any activities to asphalt highways. The BLM asked me to document in an email that I had in fact seen the workshop in question on precisely such lands, in direct violation of BLM instructions, which I did. I was happy to do so, for the key part of this story, at least for me, was to learn from the BLM, after the fact, that the workshop did NOT have a permit, and the workshop organizer's emphatic assertion that the BLM was aware of the workshop, and approved of its activities, was simply not true. For the record, I heard anecdotally that the photo workshop and company in question does have a permit this year, at least for that specific part of that western state, but I haven’t checked, as I will not do business with that company in any event.
When I discussed this episode with other photo guide services, I learned that this is a serious problem with other photo workshops, and my experience was not an isolated case. BLM and National Park Service permits are not cheap, and some photo workshops evade the requirements of federal law and operate illegally. It should be noted that these are not small-time or unknown photo workshops. The other local photo guides cited other really big names who allegedly operate without permits. I can report that the local guide services, including photo guides, told me that it is a serious issue, and not just an isolated problem of only a few companies.
These illegal activities by some photo workshops are a serious problem because:
(1) The local BLM and National Park Service offices use permit fees to directly support their operations. In a period of severe federal budget cutbacks, these permit fees are a critical source of income to support the activities of the BLM and the National Park Service with regard to protecting the very federal lands that we, landscape photographers, all enjoy.
When photo workshops evade and violate the requirements of federal and state law, and do not obtain permits, they are not helping to support and maintain federal lands, but in fact are doing exactly the opposite.
(2) The photo workshop operators who failed to get permits are also working to the direct economic disadvantage and loss of the legitimate workshops and guide services that do obtain permits. A BLM permit for a professional guide service or workshop operator is not cheap, and is actually fairly expensive. It is an expensive permit for professional operators. That is why the rogue and illegal operators fail to obtain permits. When any of us, as landscape photographers, participate in workshops without permits, we are simply rewarding illegal activity, and failing to support legitimate guide services and photo workshops that have purchased all necessary BLM or Park service permits.
(3) The BLM and the National Park Service can shut down any photo workshop that they find on their lands, and which do not have the necessary and required permits. I heard anecdotally that one of the biggest names in the business is notorious for not having permits, and in one of our most prestigious national parks, the Park service is actively looking for him, or least was as of one year ago. So if you sign up for a workshop that does not have the necessary permits, you run the risk that your workshop could be shut down in the middle of your visit, due to the illegal behavior of the organizer.
(4) My understanding is that the BLM requires, as a condition for obtaining a permit, that organizers show proof of liability insurance. That strongly suggests that photo workshops that fail to have permits might also not have liability insurance. Since none of us, the customers of such workshops, can ever know if the workshop actually has liability insurance, at least determining that they have the necessary permits would be a good first step to document that the workshop or guide service is a professional operation.
(5) My experience demonstrated that it is not sufficient to ask a workshop or guide service if they have permits. I did ask, and I was deliberately misled by the organizer, as I described above.
(6) What that underscores, unfortunately, is that it is our responsibility – the customers who pay for the workshops – to verify that the workshop and guide service has all necessary permits. However, it is not that difficult to do so, since every local BLM area office lists permit holders on their website. If a photo operator says they have a permit, but they are not listed on the website, then call the local or Park service or BLM office and ask.
If such a phone call causes a problem for any illegal photo workshop operating without a permit, so be it. They deserve it. You will actually be doing a favor to the suckers who signed up for the workshop, as a call from the BLM to the photo workshop might result in its advance cancellation. Better to have that outcome, than for the photographers to fly to a western location, only to have their workshop shut down.
(7) I will forward the link of this posting to the BLM office that I discussed this matter with one year ago. I will encourage that office to zealously prosecute any photo workshop or guide service that fails to obtain permits and is operating illegally. I will also encourage that BLM office to share the link to this posting, and my message, with other BLM offices in the Western United States.
I believe that they will be simply delighted to do so.
8 -- When rogue photo workshops start getting shut down for illegal activities, the news will spread rapidly on websites such as this. That is ultimately what will force the illegal operators to fully obtain all necessary permits. Because the news will spread as to which photo workshops have permits, versus those that do not.
In closing, permit fees are now an essential part of the operations of the BLM and the National Park Service. They are an increasingly critical source of financial support to maintain federal lands due to federal budget cutbacks. We, the community of landscape photographers, who care about the preservation of these lands, should only do business with guide services and photo workshops that have all necessary permits and are in full compliance with federal and state law.
Unfortunately, it is up to us, based on my experience, to verify that workshops and guidance services have the necessary permits. But that is easy enough to verify – you need only look on the appropriate website, or simply call the local BLM or Park Service office.
I will have no sympathy if you are in middle of a workshop that is shut down by the BLM or Park Service because the company or organizer failed to obtain permits.
Particularly not if you read this posting.
So do the right thing — and support only legitimate workshops and operators who are in full compliance with state and federal law, including permit requirements. Check the BLM or Park Service web sites that list permit holders, and if the workshop is not listed, call the local BLM or Park Service office and ask.
P.S. On an entirely unrelated point, I have participated in workshops where the so-called experts disappear after 15 minutes and go off and do their own photography and ignore the workshop participants for hours at a time. If you want to sign up for a workshop, ask your fellow photographers how it is run. Paying a really big name to do his own photography at your expense is a waste of your money IMHO. This is another problem with many workshops. But maybe I am in a minority in my view that the instructors should actually INSTRUCT and not not just go off and do their own photography, leaving the participants to wander around aimlessly. That is another problem with some so-called workshops, but many photographers seem to be entirely OK with that practice, even though they paid thousands of dollars for the workshop. It only proves that PT Barnum was right. You have to be a sucker to pay a big name photographer to ignore you, during his own workshop, and to do his own photography at your expense.
