Covenants and Emergencies The Effect of the Galiano Fire on the Heritage Forest Covenant

Background Heritage Forest Established by bylaw in 2000 due to pressure to develop forest lands Established by bylaw in 2000 due to pressure to develop forest lands Landowners donate to heritage forest in exchange for increased density Landowners donate to heritage forest in exchange for increased density Land donated to a community organization and covenanted for sustainable forestry Land donated to a community organization and covenanted for sustainable forestry –Owner: Galiano Club –Covenantees: Galiano Conservancy & HAT

Unique Covenant Working covenant: Allows for forestry Working covenant: Allows for forestry Good area for community recreation Good area for community recreation Allows for affordable housing use Allows for affordable housing use Land not pristine Land not pristine –Heavily logged in several passes –Restoration / forest management required

Before the Fire Covenant Registered Dec 2005 Registered Dec 2005 (8 months before fire) (8 months before fire)Baseline Completed July 2006 Completed July 2006 (weeks before fire) (weeks before fire)

Baseline Land is heavily logged Existing forest is 3 rd growth Small patches of mature forest 2 streams Georgia Strait shoreline

July 23, 2006 fire started July 23, 2006 fire started High winds allowed fire to grow/spread High winds allowed fire to grow/spread Local volunteer fire departments could not contain the blaze Local volunteer fire departments could not contain the blaze BC Forest Service called in BC Forest Service called in Fire!

STATE OF EMERGENCY DECLARED STATE OF EMERGENCY DECLARED 119 local residents evacuated 119 local residents evacuated 46 firefighters from Coast Fire Centre 46 firefighters from Coast Fire Centre Volunteer firefighters from Galiano & other islands Volunteer firefighters from Galiano & other islands 2 Mars Water Bombers, several helicopters brought in 2 Mars Water Bombers, several helicopters brought in Emergency!

“State of Emergency” Emergency: “A present or imminent event or circumstance that (a) is caused by accident, fire, explosion, technical failure or by the forces of nature, and (b) requires prompt coordination of action or special regulation of persons or property to protect the health, safety or welfare of a person or to limit damage to property.”

Authority over Emergencies Declared by: Minister Minister Lieutenant Governor Lieutenant Governor Local authority (for local emergencies) Local authority (for local emergencies)

Process of Emergency Emergency must be identified Emergency must be identified Details of emergency must be published or communicated Details of emergency must be published or communicated Emergency expires after 14 days Emergency expires after 14 days

Powers of Minister Under a state of emergency the Minister can: Implement an emergency plan Implement an emergency plan Acquire or use private land and personal property Acquire or use private land and personal property Control travel and evacuate people, animals & property Control travel and evacuate people, animals & property Demolish or remove trees, structure or crops Demolish or remove trees, structure or crops Construct works Construct works Ration supplies Ration supplies Emergency Program Act [RSBC 1996]

Forest Fires Minister can: Declare an emergency Declare an emergency Enter onto land Enter onto land Investigate cause of the fire Investigate cause of the fire Evacuate people Evacuate people Wildfire Act [SBC 2004]

Forest Health Forest & Range Practices Act Forest Health Emergency Forest Health Emergency

After the Fire 30 hectares of covenant area burned 30 hectares of covenant area burned Several logging roads opened by firefighters Several logging roads opened by firefighters New areas disturbed to create fireguards New areas disturbed to create fireguards Damage to streambeds Damage to streambeds

Landowner Obligations Owners Obligations … Owner is not liable for: injury or alteration to the Land or the Amenities resulting from natural causes or causes beyond the Owner’s reasonable control, including accidental fire, flood, storm, theft, vandalism, trespass and earth movement unless such injury or alteration results or is the consequence of the act of the Owner or any person acting with actual or constructive knowledge of the Owner; or injury or alteration to the Land or the Amenities resulting from natural causes or causes beyond the Owner’s reasonable control, including accidental fire, flood, storm, theft, vandalism, trespass and earth movement unless such injury or alteration results or is the consequence of the act of the Owner or any person acting with actual or constructive knowledge of the Owner; or any prudent action taken by the Owner under emergency conditions to prevent, abate, or mitigate significant injury to the Land or the Amenities resulting from natural process, acts of God, or from natural events including fire, flood, storms and earth movement. any prudent action taken by the Owner under emergency conditions to prevent, abate, or mitigate significant injury to the Land or the Amenities resulting from natural process, acts of God, or from natural events including fire, flood, storms and earth movement. (taken from Heritage Forest covenant)

Rehabilitation Forest Service required to rehabilitate damage they caused Forest Service required to rehabilitate damage they caused Rehabilitation done in collaboration with landowner Rehabilitation done in collaboration with landowner Generally involves putting back soil & seeding with grass Generally involves putting back soil & seeding with grass

Collaboration Forest Service / Owner / Covenantees What roads should be kept open? What roads should be kept open? What kind of grass seed? What kind of grass seed? What else could they do? What else could they do? –Stream work? –Broom removal? –Erosion Control –Communication?

Reducing Erosion Typical Mix (from MoF) Garry oak Mix 18% Tall fescue 19% Sheep fescue 18% Orchardgrass 5% Annual ryegrass 15% Timothy 13% S.C. Red clover 9% White clover 3% Alsike clover 40%Alaska brome 10%Idaho fescue 25%Blue wildrye 10%Tufted hairgrass 10%Western fescue 5% Sandburg bluegrass

Stream work  Stabilization of stream banks  Adding structure  Removal of inappropriateculverts  Removal of inappropriate culverts

Broom Removal?

Future Management Plan Management Plan Restoration Restoration Volunteer Workcrews Volunteer Workcrews Potential Partnerships Potential Partnerships Forestry! Forestry!

Conclusions? Contact authority in control early on Contact authority in control early on –Develop good working relationship Offer to help Offer to help –Baseline report mapping –Knowledge of land & mapping capabilities –Logistical help (lodging, food, etc) Be sensitive to the job at hand Be sensitive to the job at hand Work well with post-emergency contractors Work well with post-emergency contractors Be prepared to pick up the pieces Be prepared to pick up the pieces

For More Information Ken Millard Coordinator Galiano Conservancy Association (250) Kate Emmings Land & Finance Officer Habitat Acquisition Trust (HAT) (250)