1. FRST 415 Guest Lecture: R. Patrick Bixler, PhD September 9 th, 2014 1

2. 2 That you’re in the Interior BC temperate rainforest…

3.  Tenure: What is it? Why is it important?  Relationship to “Property Rights”  Canadian Crown Tenure and British Columbia Tenure Types  Community Forest Agreements and Management 3

4.  Theory and Concepts: Differentiate between tenure, property rights, and Crown forest tenure  Application: Recognize different types of British Columbia forest tenure  Practice: Discuss community forest agreements and the benefits to communities 4

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6.  “Tenure” is a commonly misunderstood term  It is often equated with ownership, which is misleading  Generally, tenure refers to a variety of arrangements that allocate rights to land and its productivity  Characteristics:  Sets conditions on those who hold the rights to land  Regulates access to and use of resources 6

7. Tenure – Useful Definitions  Land Tenure – refers to a set of institutions and policies that determine how land and its resulting resources are accessed, who can benefit from these resources, for how long, and under what conditions.  Statutory Land Rights - rights to land and/or associated resources derived from the state and/or state laws.  Customary Land Rights - rights to land and associated resources based on institutions and norms derived from community itself, rather than the state or law; often have a historical precedent. 7

8. Some outcomes of secure tenure arrangements are:  Sustainable Forest Management  Most cited variable for “success” in sustainable forest management / community forestry  Incentive-based conservation policy (i.e. REDD+, carbon markets, payment for ecosystem services)  Equity and rights-based approach to forest conservation  When Indigenous Peoples and local communities have no or weak legal rights, their forests tend to be vulnerable to deforestation  Implications for climate adaptation and climate mitigation 8

9. 9 Tenure is the right to use the land. Property rights further explain the relationship:  Property Right – “a socially sanctioned and enforceable claim of an individual or group to a stream of benefits resulting from the use of an asset subject to the restrictions and conditions society places on the use of the asset concerned”  Luckert, Haley, and Hoberg 2011

10. 10  Considered a bundle of rights  Rights, not objects are owned  Rights to use, but not to own or transfer

11. 11  A Farmer in Africa: Overlapping Property Rights A Farmer in Africa: Overlapping Property Rights Property Rights in Africa Video

12. 12  In Canada, rights to many different products (or benefit streams) have different owners. Examples include:  Trees for industrial use  Subsurface minerals  Fur-bearing animals  Certain recreational services, i.e. guiding, ecotourism, and skiing  Governments retain rights to productive capacity of land, water, fish and wildlife

14.  Crown forest tenure is characterized as variations in property rights  Authorized under the Forest Act, tenures reflect forest uses. Some examples include:  T imber harvesting, road building, minerals, ranching, many others 14

15.  “In return for exclusive usufructory timber harvesting rights, license holders contribute to Crown revenues through the payment of royalties, stumpage, and other levies and assume varying degrees of responsibility for forest management. These arrangements have become known as Crown Forest Tenures.”  Luckert et al. pg. 67. 15

16. Small populations, meagre budgets, valuable public timber Forest industry sought secure timber supply; rural communities needed stability Sustainable development and sustainable forest management became policy objective Dynamic social and ecological contexts, legitimacy, transparency 16 1867 – 1940s Economic Growth 1940s – 1980s Sustained Yield, Sustained Growth 1980s – 2000s Sustainable Forest Management 2000s – Present ???

17.  A timber tenure defines the arrangement between the province and a tenure holder  Used to meet government management objectives  These arrangements can be agreements, licences or permits  They can be replaceable or non-replaceable  They are legally binding and provide specific rights for a period of time  Vary in duration 17

18.  Either “area-based” or “volume-based”  Area-based allotments: rights are granted to a specific area within well- defined geographical boundaries  Volume-based allotments: rights are granted for a certain quantity of product to be harvested within broadly defined region 18 Example: Boundaries of Tree Farm Licence 60

19. VOLUME-BASED TENURES  Forest Licence  Pulpwood Agreement  Community Salvage Licence  Timber Sale Licence AREA-BASED TENURES  Timber Licence  Tree Farm Licence  Woodlot  Community Forest Agreement  Community Salvage Licence  Timber Sale Licence  First Nations Woodland Licence 19

20. 20 Source: “Timber Tenures in British Columbia.” June 2012

21. September 09,, 2014 21 TenuresArea or VolumeDurationResource Rights Tree Farm LicenceArea25 year (yr) term, replaceable every 5-10 yr Exclusive right to harvest and manage forest Forest LicenceVolumeUp to 20 yr, replaceable 5-10 yr or non replaceable Right to harvest, may be competitive or directly awarded Timber Sale LicenceArea and VolumeUp to 20 yr, replaceable every 10 yr Right to harvest or purchase logs, competitive Community Forest Agreement AreaNot less than 25 yr and not more than 99 yr, replaceable every 10 yr Exclusive right to harvest in specified area. May include non-timber botanical products Tenure TypePercentage of Harvest Volume-based (forest licence, non-replaceable forest licence)60% BC Timber Sales – timber sale licence20% Area-based licences (TFL, CFA, woodlot, First Nations woodland)20%

22.  Volume-based, long-term Forest Licences make up approximately 60% of the provinces Annual Allowable Cut (AAC)  BC is unique with high allocation of volume-based. In comparison, Ontario and Quebec are 100% area-based.  42% of harvesting rights held by 10 companies  Designed for large pulp and fully integrated forest products companies  Social, economic and ecological pressures for policy change 22

23.  As a way to improve forest management and increase the midterm timber supply in regions affected by the mountain pine beetle epidemic, the province has proposed to convert a number of volume-based licences to area-based ones. 23 CONVERSION TO AREA-BASED TENURE

24. 24 ECOLOGICAL PRESSURES FOR CHANGE: MOUNTAIN PINE BEETLE EPIDEMIC

25. 25 A SHIFT TOWARDS GOVERNANCE  Diffusion of government authority to broader network of actors  Increasing importance of actors beyond the traditional nexus of government and business  Decentralization of forest management authority

27. Broad Interpretation of Community Forestry:  An alternative forest management approach that provides something for everyone:  Collaborative and participatory arrangement of public- private-civic stakeholders  Incorporation of timber and non-timber values  Prevalence of different worldviews and knowledges  Integrated into the management of forest ecosystems. (Bullock, Hanna, and Slocombe 2009) 27

28. Types of Community Forests:  Local government on fee simple land  Organization owns the land outright  Not bound by tenure conditions  Conservation Authorities  Found mostly in Ontario  Local government on Crown land  Local government constitutes principal administrative unit and decision-making structure  Forest organization  Non-profit organizations, cooperatives, for profit and not-for- profit corporations 28

29. Policy Evolution in BC:  1998 - New Democratic Party created legislation (The Forests Statutes Amendment Act, Bill 34)  88 communities expressed interest, 27 full proposals, 7 community forest pilot agreements  3 additional pilot agreements in 2000  Some First Nations and some non-First Nation communities  2003 – Forestry Revitalization Plan (Liberal government)  Committed to increasing volume of timber allocated to community-based tenures (intentions to double the program)  2005 - 33 new communities invited to apply  2006 – Burns Lake and Esketemc First Nation receive 25 year tenures  43 communities in application process or operating  2008 – 52 communities involved  2009 – Bill 13 establishes 25 year renewable licenses, removes 5 year probationary period  2014 - 57 community organizations, representing nearly 90 individual communities involved in some stage of planning or operation 29

30. 30 2%

31. Community Forests:  Have performed well in providing local benefits  Local flow of fibre  Democratic and participatory decision-making processes  Larger emphasis on non-timber forest values and management  Some outstanding questions  Authority delegated to communities for strategic planning  Non-conventional interests and knowledge systems lacking voice  Entry barriers (capacity) in to Community Forest Agreements 31

32. 32 COMMUITY FORESTRY IN BRITISH COLUMBIA BRITISH COLUMBIA COMMUNITY FOREST ASSOCIATION

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34.  Bullock, Ryan, Kevin Hanna, Scott Slocombe. 2009. “Learning from Community Forestry Experience: Challenges and Lessons from British Columbia.” The Forestry Chronicle, 85 (2): 293-304.  Hayter, Roger. 2000. Flexible crossroads: Restructuring British Columbia’s Forest Economy. Vancouver, British Columbia, Canada: UBC Press.  Luckert, Martin K., David Haley, and George Hoberg. 2011. Policies for Sustainably Managing Canada’s Forests: Tenure, Stumpage Fees, and Forest Practices. UBC Press.  Teitelbaum, Sara, Tom Beckley, Solange Nadeau. 2006. “A National Portrait of Community Forestry on Public Land in Canada.” The Forestry Chronicle, 82 (3): 416-428. 34