1 Forest and Range Practices Act: Forest Stewardship Plans

2 Purpose and Agenda Purpose:  Review new planning process for forest management in BC Agenda:  Legislation changes in 2004  Changes to plan requirements - FDP to Forest Stewardship Plans (FSP)  Consultation  Role of First Nations in new process  Questions

3 Under the Forest Practices Code:  Prescriptive:  Specific direction is given to forest licensees on how to manage their activities  Detailed requirements provided in many regulations  Licensees have to show blocks and roads on their plans  Licensees must meet prescribed requirements

4 Moving to the Forest & Range Practices Act (FRPA)  Results based  FRPA includes:  Objectives to conserve and protect resource values  Mandatory practice requirements to address objectives:  Results or strategies  Legislated practice requirements  Increased reliance on professionals  Focus on enforcing results

5 FRPA: Results Based  Example of objective (for wildlife tree retention): “The objective set by government for wildlife and biodiversity at the stand level is, without unduly reducing the supply of timber from BC’s forests, to retain wildlife trees.”

6 FRPA: Results Based  Example of legislated practice requirement: “If an agreement holder completes harvesting in one or more cutblocks during any 12 month period…,the holder must ensure that, at the end of the 12 month period, the total area covered by wildlife tree retention areas…is a minimum of 7% of the total area…”

7 FRPA: Results Based  Licensees state how they will be consistent with objectives by:  Adopting practice requirements OR by:  Writing results or strategies stating how they will manage the resource values  Once completed, licensee will submit final plan to MOF How do we ensure that resource values are managed well?

8 FRPA: Professional Accountability  Increased reliance on professionals  The professional who prepares a plan under FRPA is professionally accountable for the quality of that plan  Includes foresters, biologists, geoscientists, agrologists, and engineers  When professionals apply their seal on a plan, they are accepting accountability

9 FRPA: Ministry of Forests Role  Review & Approval:  Licensee submits final plan  MOF reviews, then approves/rejects plan  Consultation:  Same legal duties as before  Powers of Intervention  Have the ability to intervene if new information is received by Decision Maker

10 FRPA: Ministry of Forests Role  Compliance & Enforcement -  Broadened powers for inspection, stopping & seizures  Enforcement:  increased financial penalties  Court Action includes max fines from $5,000 - $1 million (doubled for 2nd offence)

11 Forest Stewardship Plan (FSP)  Under FRPA, licensees must prepare a FSP  The FSP will replace Forest Development Plan (FDP)  Transition period until Dec 2006  FSP contains substantially less detail than FDP  Focus is on Results

12 Old Forest Development Plan versus New Forest Stewardship Plan Map shows the general areas Content: results & strategies consistent with objectives Up to 5 years – may be extended for another 5 Licensee must make reasonable effort to meet with First Nations Public review & comment Approved by Government FSP under FRPAFDP under Code Map shows details Content: detailed content requirements in regulation Term of 1- 2 years Licensee encouraged to meet with First Nations under policy Public review & comment Approved by Government

13 Old FDP map verses New FSP map Forest Development Plan Forest Stewardship Plan

14 Forest Stewardship Plan Process Approves plan if it meets requirements of legislation MOF reviews submitted FSPs Licensee gathers Information Prepares FSP Meets with First Nations Rejects plan and returns plan to licensee if requirements not met Advertises for public review and comments (60 days) First Nation Consultation Process Submits FSP to Ministry of Forests Addresses written comments

15 Consultation for FSPs  Consultation with First Nations is a continuing obligation of the Crown  Licensee’s review and comment contribute to the consultation process  MOF Aboriginal Rights and Title Policy and consultation guidelines will continue to be followed  Consultation and accommodation requirements of Forest and Range Agreements (FRAs) will be followed

16 First Nations Interests  Under FPC:  Archaeology and cultural heritage resources managed together  Now:  Cultural heritage resources regulated under FRPA  Archaeological values regulated under Heritage Conservation Act

17 Forest Stewardship Plan - Cultural Heritage Resources  Under FRPA, an objective has been set for cultural heritage resources and must be addressed in FSP “The objective set by govt for cultural heritage resources is to conserve, or, if necessary, protect cultural heritage resources that are (a) the focus of a traditional use by an aboriginal people that is of continuing importance to that people, and (b) not regulated under the Heritage Conservation Act”

18 Forest Stewardship Plan - Archaeological Resources  Archaeological resources are regulated under the Heritage Conservation Act  Under professional accountability, identification of archaeological resources may continue using archaeological predictive models and assessments  How the licensee will address archaeological resources may not appear in the FSP because it is regulated under Heritage Conservation Act.

19 First Nations Participation  FSPs provide opportunities for input by First Nations  Provide specific information pertaining to the cultural heritage resources that may be affected in the area covered by the FSP  It is important for First Nations to identify this information in order that these resources can be conserved or, if necessary, protected

20 Forest Stewardship Plan - The next step  Information provided will be used to develop results or strategies  After final FSP is submitted, MOF must consider:  whether the results or strategies are consistent with the cultural heritage resource objective  whether adequate consultation has occurred  the degree to which identified aboriginal interests are addressed or accommodated

21 Forest Stewardship Plan - Summary  Considerable change is taking place in how forests are managed in BC  Moving from FDP to FSP  Provides opportunity for input from First Nations  Consultation with First Nations is a continuing obligation of the Crown