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Hawaii’s Department of Land and Natural Resources (DLNR) recently issued cease-and-desist orders to two photography companies shooting without proper photo permits. The DLNR expressed concern that the images would encourage visitors to take hikes in those areas, which would be illegal.
The companies, Bradyhouse Photographers and The Foxes Photography, were issued cease-and-desist orders for shooting in some of Hawaii’s off-limits areas along the Na Pali Coast and other locations on the island of Kauai, including Kaelpa Ridge, Wailua Falls, Hanakapiai Beach, Waimea Canyon and Kokee State Park. Some of the locations are restricted because the hiking trails there have been determined to be too dangerous. Others are culturally sensitive locations, notes KITV Island News.
[Read: Your Guide to Eco-Friendly Photography in the Great Outdoors]
Bradyhouse Photographers said they had previously realized their error, having told Hawaii News Now that after being issued Hawaii’s initial cease-and-desist order, it received permission to keep the company’s older images online.
Brandon and Gabi Fox, the husband-and-wife duo behind The Foxes Photography, apologized but shared frustration over the lack of communication for obtaining photo permits. “The permit process for photographing in Kauai is confusing and complicated,” they expressed in the press. “That being said, we will work harder in the future to obtain proper photo permits in accordance with the DLNR and Hawaii Film Office should we choose to photograph there again.”
The Foxes said their images from Wailu Falls—a double waterfall that’s now only legal to view from the top near the parking lot due to dangerous hiking conditions—are a few years old, taken before they knew the area was off limits. The duo say they already acknowledged the mistake and have not returned since.
[Read: 5 Tips to Photographing Elopements in Breathtaking Landscapes]
The Foxes, who were chosen as 30 Rising Stars of Wedding Photography in 2020, shoot mainly on the West coast, specializing in elopement adventure weddings. They suggested that the local Kauai Wedding Professional Association use the incident to open a discussion on the permit process on the island.
“Instead of calling out a few photographers who have made some honest mistakes around the permitting system in Kauai,” The Foxes said, “we feel a better approach for the Kauai Wedding Professionals Association would be starting a conversation amongst DLNR and the film permitting office to find a pathway for access for some of Kauai’s most popular hiking trails that thousands of tourists enjoy every year.”
On the other side of the coin, Jeanne of Jeannemarie Photography out of Oahu, Hawaii, had this to say: “As a photographer here in Hawaiʻi for over a decade, yes, the permitting situation is a tad cumbersome because you may need one, two or even three of them, but there is a HUGE community of us that follow the rules and help each other. The State’s websites are quite clear when it comes to which areas allowed and which permit you may need to obtain to photograph in these locations. Each island has their own wedding association and Kauaʻi is no different. These associations are there to offer us help and guidance with permitting as well other issues that may come up.”
This recent issuing of cease-and-desist orders to Bradyhouse Photographers and The Foxes Photography can also serve as a reminder for photographers to always check for what the requirements for photo permits are in a certain location, as well as the potential safety issues before shooting at that new location.
A list of Open and Accessible sites available on Kauai can be found HERE. To obtain a “WIKI” Right of Entry Permit that allows you 2 hours of shooting time per permit, click HERE.