COMPATIBILITY DETERMINATION

USE:Commercial Filming and Photography

REFUGE NAME:CabezaPrieta National Wildlife Refuge (CPNWR)

ESTABLISHING AND ACQUISITION AUTHORITY:

President Franklin D. Roosevelt established the CabezaPrieta National Wildlife Refuge (NWR) on January 25, 1939 by Executive Order 8038.

REFUGE PURPOSES:

  1. The refuge was “reserved and set apart for the conservation and development of natural wildlife resources, and for the protection and improvement of public grazing lands and natural forage resources…Provided, however, that all the forage resources in excess of that required to maintain a balanced wildlife population within this range or preserve should be available for livestock…” (Executive Order 8038 January 25, 1939).
  1. Enactment of the Arizona Desert Wilderness Act of 1990 designated over 90 percent of the refuge as wilderness and created a supplemental refuge purpose of wilderness protection in accordance with the Wilderness Act of 1964.
  1. Several other Federal policies, regulations, and laws affect refuge management activities. Preeminent among these is the Endangered Species Act of 1973. This act mandates the protection and recovery of threatened and endangered species.

NATIONAL WILDLIFE REFUGE SYSTEM MISSION:

“The mission of the National Wildlife Refuge System (Refuge System) isto administer a national network of lands and waters for the conservation, management and, where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans” (National Wildlife Refuge System Improvement Act of 1997, Public Law 105-57).

DESCRIPTION OF USE:

What is the Use?

The CabezaPrieta NWR occasionally receives requests to allow commercial filming and photography on the refuge to film or photograph refuge operations and in some cases to film Customs and Border Protection border security operations. Some examples include the annual Sonoran pronghorn capture and release, featured refuge wildlife resources, such as Sonoran pronghorn and desert bighorn sheep, Sonoran Desert landscapes, and other activities or events of interest to the public such as border related search and rescue operations. The resulting product(s) are used primarily in the production of news clips, documentaries, and short public interests stories. The uses and products are generally for profit.

Where is the use conducted?

Commercial filming and photography are allowed in areas of the refuge generally open to the public with the exception of designated wilderness. This includes Childs Valley, Childs Mountain, and along the corridors of the public access roads El Camino del Diablo, Charlie Bell Road, and Christmas Pass roads (see attached map). Commercial filmers and photographersmay be allowed, on a case-by-case basis, to access non-wilderness areas of the refuge via administrative roads/trails such as those roads in Childs Valley and the access road to Childs Mountain.

In most cases, film crews will be limited to working in non-wilderness portions of the refuge. However, commercial filming may be allowed within refuge wilderness when there is a clearly demonstrated need to document elements of the refuge’s wilderness character including ecological, geological, or other features of scientific, educational, scenic, or historical use that reflect the purpose and character of wilderness and, when alternative options to convey and capture these attributes via filming outside of wilderness are not possible. If filming within wilderness is determined to be necessary, the refuge will define the minimum requirements per the Minimum Requirements Decision Guide process.

When is the use conducted?

Commercial filming and photography may occur year-round during daylight hours or at night, depending on the rules outlined in the Special Use Permit (SUP).

How is the use conducted?

In any event, all commercial filming and photography must be covered under an SUP with the exception of news events (See News-Gathering Activitiesbelow). The permit holder is required to follow the terms of the permit, which includes the place and time of day,staging areas, number of crew, types of equipment etc

Commercial Photographers: Still photography does not require a permit according to Title 43 Code of Federal Regulations, Part 5 (43 CFR Part 5), unless a model, set or prop is used as defined in Part 5.12; or the refuge determines a permit is necessary because it takes place at a location “where or when members of the public are not allowed”; within designated wilderness, or when the refuge “would incur costs for providing on-site management and oversight to protect agency resources or minimize visitor use conflicts”. If any of these conditions are true, a SUP must be obtained. Generally, these events are short and do not require additional staff action other than issuing the permit. A fee may be charged to administer these special use permits.

Commercial Filming: According to 43 CFR Part 5, all commercial filming requires a permit. Occasionally a professional filming company, requests to use refuge lands for obtaining footage of special features such as Sonoran pronghorn, desert bighorn sheep or activities related to the international boundary. If the film shoot requires multiple personnel and one or more days of filming, the refuge will require proof of liability insurance before issuing a special use permit. A refuge staff member may be assigned to the shoot to insure compliance with refuge rules and regulations. This will be determined on a case by case basis and in such a case, a fee may be charged to cover the costs to administer these special use permits.

News-Gathering Activities: News-gathering activities involving “filming, videography, or still photography does not require a permit unless: the refuge determines 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, obtaining a permit will not interfere with the ability to gather the news.”

The refuge will deny a permit for commercial filming or still photography if a determination is made that “it is likely that the activity would cause resource damage; unreasonably disrupt or conflict with the public’s use and enjoyment of the site; pose health or safety risks to the public; violate the Wilderness Act (16 U.S.C. 1131 – 1136) or any other applicable Federal, State, or local law or regulation.”

Why is the use being proposed?

Commercial filming and photography are tied to the refuge’s purpose through the documentation of scenery, wildlife, or other natural objects in various media. The refuge’s scenic landscapes, diverse wildlife populations, and habitat offer unique opportunities for commercial filmers and photographers. Though there is a commercial element to these activities, they occur in support of wildlife observation and wildlife photography, which are priority wildlife-dependent recreational uses on National Wildlife Refuge System (Refuge System) lands as identified in the Refuge System Improvement Act of 1997.

Because the refuge shares 56 miles of border with Mexico, illegal border crossings and associated law enforcement activity is significant on the refuge and generates considerable public interest. The documentation of this activity may be important for the public to understand how trust resources, including wilderness, are affected, both positively and negatively.

AVAILABILITY OF RESOURCES

Authorizing these activities will require a small expenditure of refuge resources - primarily to process the appropriate documents necessary to issue permits. Resources to develop the permitting documents are available as part of ongoing day-to-day operations. Depending on the project, refuge staff may be required to accompany film crews in the field. In this case, the permit holder may be required to cover the costs of cover staff involvement.

ANTICIPATED IMPACT OF THE ACTION:

Short and Long-term Impacts:

Any public use activity has the potential for impacts: however, the focus is to minimize any potential impacts to within acceptable limits. Each request for a filming permit will be evaluated for impacts to wildlife, habitats, wilderness, and priority public uses.

These activities could result in minor trampling of vegetation, limited wildlife disturbance and conflicts between user groups. Commercial operators and their groups are subject to the same rules and regulations as the general public, including obtaining an accesspermit and signing a “hold harmless agreement”. ( The “hold harmless agreement” and issuance of an access permit is required of all individuals that enter the refuge and is part of an interagency permitting system to address potential injuries to individuals from military ordnanace scattered across the refuge.)

It is anticipated that filming will occur within non-wilderness portions of the refuge. When requests are made to film within the refuge wilderness area, refuge staff will determine whether the request can be accommodated outside of wilderness. In the event of a demonstrated and determined need to allow commercial filming in the refuge wilderness area, some aspects of the “undeveloped” character of wilderness would be impacted from the use of mechanized equipment and motorized vehicles. Commercial filming could also impact maturalsites, sounds, and solitude.

News clips or documentaries filmed within the refuge featuring the refuges desert landscapes and its wildlife may result in increased public use on the refuge in the future. News clips or documentaries featuring border related activities may have positive or negative effects on public perceptions of illegal border crossings and their effect on natural resources and border security.

There will be no change in visitor use due to these activities occurring within the refuge. Visitor use may or may not increase in the future as a result of news clips or documentaries featuring the refuge and its resources.

Cumulative Impacts

There are no anticipated adverse cumulative impacts resulting from commercial filming or photography. This activity may contribute to increased awareness and public use within the refuge, which will result in beneficial cumulative impacts by increasing public awareness about conservation issues and the National Wildlife Refuge System. Ultimately, this will benefit the Service’s mission and the refuge purpose.

In regards to news clips or documentaries on border related issues, there will be no change in the cumulative impact to refuge natural and cultural resources because any filming will be in conjunction with already occurring activities and does not increase or decrease Border Patrol activity on the refuge.

PUBLIC REVIEW AND COMMENT

This compatibility determination will be out for public review for 30 daysfrom June 16, 2017, through July 16, 2017. It will be posted at the U.S. Post Office and Ajo Public Library in Ajo, AZ and on the refuge's website at

DETERMINATION

______Use is Not Compatible

___X_Use is Compatible with the Following Stipulations

STIPULATIONS NECESSARY TO ENSURE COMPATIBILITY

  1. Film crews are permitted to usetheir motorized transport only on the existing network of roads open for public use (Charlie Bell, El Camino del Diablo and Christmas Pass). Permission may be granted on a case-by-case basis to use motorized transport on administrative roads outside designated wilderness (i.e. the Childs Mountain and Childs Valley access roads)
  2. Film crew members shall practice "Leave No Trace" principles and follow all refuge rules and regulations including those identified on the CabezaPrieta National Wildlife Refuge pamphlet.
  3. Film crew members shall each obtain a refuge access permit before entering the refuge. This permit is free but requires the reading and signing of a "hold harmless agreement". (See above).
  4. Applicants shall notify the refuge manager minimally 24 hours prior to entering the refuge and notify the refuge manager within 24 hours of their exit of the refuge.
  5. Commercial photography in wilderness is prohibited in wilderness areas unless the refuge manager determines that such filming serves a public purpose and is important in informingthe public of the associated wilderness character values and/or activities that may affect such wilderness values. In any event, a Minimum Requirements Analysis (MRA) must be completed prior to the issuance of such a permit.
  6. Prior to the issuance of a commercial filming permit, the entity representing the film crew shall pay the appropriate fee as identified in 43CFR Part 5, Subpart A. The fee shall be based upon the number of individuals involved in the filming and the days of filming on the refuge. Because the anticipated number of days and number of film crew members may vary from the original plan, the entity shall make payment within 30 days upon project completion to cover any additional charges over and above that originally paid. Camping overnight may be allowed but the location and time must be pre-approved by the refuge manager. Specific camping regulations will be consistent with refuge policy.

JUSTIFICATION

Commercial filming and photography are supportive activities secondary to wildlife observation, wildlife photography, andand outreach. Regulating these commercial activities as described above and consistent with the management direction provided in the Comprehensive Conservation Plan will provide the commercial operators and their clients an opportunity to engage in high-quality, safe, and enjoyable wildlife-dependent recreation. This activity will not adversely affect biological resources or significantly conflict with any of the priority public uses and in many instances will support them. We have determined that commercial filming and photography events conducted on the refuge, in accordance with the stipulations provided above, will not materially interfere with or detract from the fulfillment of the National Wildlife Refuge System mission or the purposes of the refuge. Providing opportunities for commercial filming and photography will increase the public’s understanding and appreciation of refuge trust resources, including wildlife and wilderness, and provide a better understanding of the importance of conservingthose resources. This will contribute to the overall mission of the National Wildlife Refuge System. In regards to filming border related operations or issues, this may also provide an opportunity for the public to see some of the impacts to natural resources associated with illegal border crossings.

Signature: Refuge Manager ______

Signature and Date

Signature: Refuge Chief AZ/NM ______

Signature and Date

Mandatory 15 year Re-Evaluation Date: July 17, 2032

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