On January 4, 2025, the EXPLORE Act was signed into law (Public Law 118-234). Section 125 of the Act changed how the National Park Service will manage filming and photography in park areas.
Key elements of the new law include:
- In most cases, permits and fees are not required for filming, still photography, or audio recording that involves eight or fewer individuals. In order to avoid permit and fee requirements, the filming, still photography, or audio recording must meet all of the following conditions:
- Occurs in areas open to the public;
- Uses hand-carried equipment only;
- Does not require exclusive use of a site;
- Does not adversely impact park resources, values, or other visitors; and
- Is not likely to result in additional administrative costs for the NPS.
- Permits and fees are never required for filming, still photography, or audio recording that is associated with an activity or event that has been authorized under a written instrument (e.g., permit or agreement), such as a wedding, sporting event, demonstration or other activity.
- All filming, still photography, and audio recording is treated the same under the new law. It does not matter whether it is commercial, non-commercial, for content creation, by a student, or conducted by media or for news gathering.
- When a filming, still photography, or audio recording permit is required, the National Park Service will charge location fees and fees to recover its costs to administer the permit, including application fees.
- Individuals and groups conducting filming, still photography, or audio recording remain subject to all other laws and regulations applicable to visitors to park areas, including those requiring permits for certain activities (e.g., special events or demonstrations) and those prohibiting disturbance or other negative impacts to natural or cultural resources.
- Individuals and groups conducting filming, still photography, or audio recording are subject to entrance and/or recreation fees that may apply in park areas even when a permit is not required.
How to Apply
Requests for filming or still photography involving more than eight individuals require a permit and should be processed appropriately and all cost recovery and location fees collected as authorized.
Application
- Complete, sign, and return the permit application form and email it to hale_commercial_manager@nps.gov.
- Submit a copy of your insurance naming the “United States” as additionally insured and email it to hale_commercial_manager@nps.gov
- Submit an application fee of $150.00. We will contact you to collect the application fee via credit card over the phone.
Timeline
We must receive your Special Use Permit application and application fee no less than two weeks prior to the start of your proposed activity. Requests that are complex in nature will require, at a minimum, four weeks to process as they must be reviewed by additional park staff for environmental and cultural compliance. Once an application is approved, a permit will be written, and the permittee will have to review and sign it confirming their intent to adhere to all permit conditions. Once the permittee has signed the permit, the Park Superintendent will authorize the permit by signature.
Fees
Application Fee - A $150 non-refundable application fee is required. This covers the first three hours of time spent on the permit. This may include telephone/email conversations, site visits, developing permit conditions, etc.
Compliance Fees - Compliance review is required for all special use permits. A fee may be charged for permits that require additional compliance review. The permittee will be billed for actual time spent by the designated compliance officer.
Monitoring Fees - Filming activities may be monitored by a qualified NPS employee to assure full compliance with all terms and conditions of the permit. The permittee will be billed for actual time spent by the designated monitor(s).
Location Fees - Federal law requires the National Park Service to collect a location fee that provides a fair return to the United States for the use of park lands for filming, still photography and/or audio recording. These are NPS standards and are non-negotiable. These fees are based on the number of cast/crew per day.
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Motion Pictures/Videos
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Still Photography/Audio Recording
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1 - 10 people: $150/day
11 - 30 people: $250/day
31 - 49 people: $500/day
Over 50 people: $750/day
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1 - 10 people: $50/day
11 - 30 people: $150/day
Over 30 people: $250/day
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Insurance
You may be required to provide a copy of your liability insurance in the amount of $1,000,000.00 and the certificate holder on the policy must name the United States as additionally insured.
Filming Locations When Permit is Required:
Possible locations include any road, front country trail, and overlook that can be used by any park visitor. Approval may be given for backcountry/wilderness trails but only after an environmental and cultural compliance review. Areas that are closed to the public are rarely permitted for filming and photography.
NOT PERMITTED:
- Filming off trail
- Filming of any cast, crew or visitor swimming, playing or recreating in any water feature (predominately streams- e.g. Palikea, Pīīai,ʻOheʻo Gulch) will not be permitted.
- Commercial activity, filming, or photography is not permitted in the Kaʻāpahu section of the park (including Lelekea, Alelele, and Kalepa streams).
- Filming of water features is allowed provided no people are in the frame. The best time for this is prior to 9:00 a.m. Do note that if streams are closed due to flash flooding, high water, or fast stream flow, crews will not be permitted in the streambed or beyond closure signs/gates/barricades.
Cancellation or Delays
- Notification of initial delays or schedule changes for start of activities must be provided to the NPS at least two days in advance.
- You may want to consider including alternate “Rain Dates” on your application in case weather is a factor for your project. More information on weather and current conditions.
Additional Information
NPS B-roll Photographs and Video for Public Domain
- Looking for B-roll photographs and videos of your National Parks? Discover and Explore Digital Assets in the National Park Service NPGallery Digital Asset Management System.
- A comprehensive library of NPS images, video, audio, maps, presentations, documents, B-roll, and more that is available to the public. Website may be found at: NP Gallery Digital Asset Management System
