forest practices branch bc forest service january 19, 2010 november 2009

Forest Practices BranchForest Practices BranchBC Forest Service BC Forest Service

January 19, 2010 January 19, 2010

November 2009

ObjectivesObjectivesObjectivesObjectives

To share the key findings from the Fort St. John To share the key findings from the Fort St. John Pilot Project (the Pilot Project)Pilot Project (the Pilot Project)

To identify some key lessons learned that may To identify some key lessons learned that may be useful for the evolution of the be useful for the evolution of the Forest and Forest and Range Practices Act Range Practices Act (FRPA) (FRPA)

To identify the current next steps for the Pilot To identify the current next steps for the Pilot ProjectProject

BackgroundBackgroundBackgroundBackground

The Ministry of Forests and Range developed enabling legislation in 1999 to The Ministry of Forests and Range developed enabling legislation in 1999 to permit pilot projects that would explore new ways to manage forest and range permit pilot projects that would explore new ways to manage forest and range resources in British Columbia resources in British Columbia

The legislation’s purpose was to enable pilot projects to examine different ways The legislation’s purpose was to enable pilot projects to examine different ways to create efficiency and reduce costs for both industry and government, while to create efficiency and reduce costs for both industry and government, while maintaining or enhancing forest management standards and involving the publicmaintaining or enhancing forest management standards and involving the public

The legislation was created to enable innovative forest practices, and required The legislation was created to enable innovative forest practices, and required that protection of forest resources be at least equivalent to that provided under that protection of forest resources be at least equivalent to that provided under the the Forest Practices Code of BC Act Forest Practices Code of BC Act (the Code) (the Code)

In addition, pilot projects were required to be consistent with the Code's In addition, pilot projects were required to be consistent with the Code's preamble, which defined sustainable use of forests and required the balancing of preamble, which defined sustainable use of forests and required the balancing of the many forest values, while meeting the economic, social, and cultural needs the many forest values, while meeting the economic, social, and cultural needs of peoples and communities, including First Nationsof peoples and communities, including First Nations

ContextContextContextContext

Stemming from this legislation, the Pilot Project was established Stemming from this legislation, the Pilot Project was established by Regulation on November 30, 2001 by Regulation on November 30, 2001

Of the six original Code pilot projects developed to explore Of the six original Code pilot projects developed to explore different types of forest regulation, only the Fort St. John and different types of forest regulation, only the Fort St. John and Stillwater pilot projects are still active Stillwater pilot projects are still active

The Fort St. John Pilot Project area encompasses the 4.7 million-The Fort St. John Pilot Project area encompasses the 4.7 million-hectare Fort St. John Timber Supply Area in northeastern British hectare Fort St. John Timber Supply Area in northeastern British Columbia Columbia

It is located within the boreal forest and consists of a complex It is located within the boreal forest and consists of a complex mosaic of coniferous, deciduous and mixedwood stands, with a mosaic of coniferous, deciduous and mixedwood stands, with a wide range of age classeswide range of age classes

The TeamThe TeamThe TeamThe Team

Staff from the Ministry of Forests and Range district, region and Staff from the Ministry of Forests and Range district, region and headquarters; Ministry of Environment; and Pilot Project headquarters; Ministry of Environment; and Pilot Project Participants (forest licensees and BC Timber Sales), subject Participants (forest licensees and BC Timber Sales), subject matter experts, and also members of the public undertook an matter experts, and also members of the public undertook an extensive and collaborative review of the Fort St. John Pilot extensive and collaborative review of the Fort St. John Pilot ProjectProject

The results of this review are presented in Fort St. John Pilot The results of this review are presented in Fort St. John Pilot Project Review Report (November 2009)Project Review Report (November 2009)

The report evaluated the Pilot Project’s relative success, and The report evaluated the Pilot Project’s relative success, and whether it meets the required tests listed in Section 53 (1) of the whether it meets the required tests listed in Section 53 (1) of the

Fort St. John Pilot Project Regulation (the “Regulation”).Fort St. John Pilot Project Regulation (the “Regulation”).

The report evaluated the Pilot Project’s relative success, and The report evaluated the Pilot Project’s relative success, and whether it meets the required tests listed in Section 53 (1) of the whether it meets the required tests listed in Section 53 (1) of the

Fort St. John Pilot Project Regulation (the “Regulation”).Fort St. John Pilot Project Regulation (the “Regulation”).

This report assessed whether the Pilot Project:This report assessed whether the Pilot Project: (a)(a) provides equivalent protection to forest resources and resource features as are provided provides equivalent protection to forest resources and resource features as are provided

under the under the Forest Practices Code of BC ActForest Practices Code of BC Act and the regulations; and the regulations; (b)(b) is consistent with the preamble to the Act;is consistent with the preamble to the Act; (c)(c) provides for adequate management and conservation of forest resources;provides for adequate management and conservation of forest resources; (d)(d) adequately provides for public review and comment respecting forest practices;adequately provides for public review and comment respecting forest practices; (e)(e) adequately provides for monitoring of the pilot project;adequately provides for monitoring of the pilot project; (f)(f) provides adequate public access toprovides adequate public access to (i)(i) planning documents and assessments used in the pilot project, andplanning documents and assessments used in the pilot project, and (ii)(ii) records that this regulation requires to be prepared, andrecords that this regulation requires to be prepared, and (g) is cost effective for one or more of the following:(g) is cost effective for one or more of the following: (i) (i) holders of agreements under the holders of agreements under the Forest ActForest Act;; (ii) the government for the small business forest enterprise program;(ii) the government for the small business forest enterprise program; (iii) the government for administering forest practices.(iii) the government for administering forest practices.

Evaluation ResultsEvaluation ResultsEvaluation ResultsEvaluation Results

The evaluation indicates that the Pilot Project successfully met the tests.The evaluation indicates that the Pilot Project successfully met the tests. It It also found numerous examples of innovation, such as the multi-block also found numerous examples of innovation, such as the multi-block silvicultural assessment.silvicultural assessment.

However, a full assessment of effectiveness may take longer, and the Pilot However, a full assessment of effectiveness may take longer, and the Pilot Project’s lifespan from inception to this review may not yet enable a confident Project’s lifespan from inception to this review may not yet enable a confident verification of all of the Regulation’s testsverification of all of the Regulation’s tests

For example, reforestation performance at a landscape level requires further For example, reforestation performance at a landscape level requires further analysis. The evaluation also found challenges, such as the increased time for analysis. The evaluation also found challenges, such as the increased time for district staff to administer two systems for tenures and reporting, and to district staff to administer two systems for tenures and reporting, and to effectively tackle compliance and enforcement processeseffectively tackle compliance and enforcement processes

Overall, the Fort St. John Pilot Project has produced some significant Overall, the Fort St. John Pilot Project has produced some significant successes, but it has also presented some challenges to the ministry in dealing successes, but it has also presented some challenges to the ministry in dealing with the administrative and compliance differenceswith the administrative and compliance differences

CostCostCostCost

The overall economic The overall economic contribution of the Regulation contribution of the Regulation to the Participants’ cost to the Participants’ cost structure is estimated as a structure is estimated as a reduction of 5 percent from reduction of 5 percent from 2001 costs, which equates to 2001 costs, which equates to $2.75/m$2.75/m33 of logged volume of logged volume

FRPA may also be FRPA may also be providing similar savings providing similar savings but this was not part of the but this was not part of the evaluation evaluation

The report The report compares the Fort St. John Pilot compares the Fort St. John Pilot Project Regulation model and that of the Project Regulation model and that of the Forest Forest

and Range Practices Actand Range Practices Act and the and the Forest ActForest Act. .

The report The report compares the Fort St. John Pilot compares the Fort St. John Pilot Project Regulation model and that of the Project Regulation model and that of the Forest Forest

and Range Practices Actand Range Practices Act and the and the Forest ActForest Act. .

The six theme areas examined are:The six theme areas examined are: Strategic and operational planning;Strategic and operational planning; Public interest and involvement;Public interest and involvement; Harvest authorization;Harvest authorization; Compliance & Enforcement, and monitoring;Compliance & Enforcement, and monitoring; Forest practices; and,Forest practices; and, Costs.Costs.

Benefits of the Pilot Project Benefits of the Pilot Project includeinclude


A comprehensive SFMP was A comprehensive SFMP was developed and contains developed and contains landscape level strategies for landscape level strategies for timber harvesting, road access timber harvesting, road access management, patch size, seral management, patch size, seral stage distribution and stage distribution and adjacency, riparian adjacency, riparian management, visual quality management, visual quality management, forest health management, forest health management, range and forest management, range and forest management and landscape management and landscape level reforestation level reforestation



The use of a Forest Operations Schedule (approval not required) The use of a Forest Operations Schedule (approval not required) that identifies approximate location of cutblocks and roads that that identifies approximate location of cutblocks and roads that can be used:can be used: by the Participants to demonstrate cumulative impact of planned forestry by the Participants to demonstrate cumulative impact of planned forestry

activities on key landscape level objectives;activities on key landscape level objectives; by the Participants to provide a fair distribution of blocks; and,by the Participants to provide a fair distribution of blocks; and, to improve the scope and effectiveness of public consultation.to improve the scope and effectiveness of public consultation.



This pilot project involves a public This pilot project involves a public advisory group (PAG). In addition to a advisory group (PAG). In addition to a public advisory group, a scientific public advisory group, a scientific advisory committee was used to advisory committee was used to provide input and recommendations in provide input and recommendations in the development of the SFMP the development of the SFMP landscape level strategies and landscape level strategies and indicatorsindicators

Requiring additional forms of Requiring additional forms of information such as periodic information such as periodic Participant-funded independent audits Participant-funded independent audits to enhance the ability of government to to enhance the ability of government to assess the risk to the Crown associated assess the risk to the Crown associated with particular forest operationswith particular forest operations



The pilot project provides the Participants with greater The pilot project provides the Participants with greater efficiency by allowing them to include discretionary content in efficiency by allowing them to include discretionary content in the SFMP by proposing a variance from any requirement of the the SFMP by proposing a variance from any requirement of the regulation. The value of this is that it can be done without regulation. The value of this is that it can be done without either establishing an objective or making a regulation that either establishing an objective or making a regulation that must be linked to a provision that will then be disapplied if the must be linked to a provision that will then be disapplied if the corresponding result of strategy is approvedcorresponding result of strategy is approved

The pilot project integrates CSA certification processes with The pilot project integrates CSA certification processes with provincial regulatory processesprovincial regulatory processes



The broad flexibility of the regulatory model, particularly at The broad flexibility of the regulatory model, particularly at providing for innovation to address changing circumstancesproviding for innovation to address changing circumstances

The use of a single coordinated, comprehensive sustainable The use of a single coordinated, comprehensive sustainable forest management plan (including all higher level strategic forest management plan (including all higher level strategic plans) that applies to all licensees and BCTS to achieve plans) that applies to all licensees and BCTS to achieve significant strategic planning benefits, and social and economic significant strategic planning benefits, and social and economic benefits by:benefits by: establishing one consistent set of performance standards for all licensees establishing one consistent set of performance standards for all licensees

and BCTS based on local conditions; and, and BCTS based on local conditions; and, placing priority on setting and achieving landscape or multi-block targets, placing priority on setting and achieving landscape or multi-block targets,

rather than individual block targets;rather than individual block targets;

Areas of Concern with the Pilot ProjectAreas of Concern with the Pilot ProjectAreas of Concern with the Pilot ProjectAreas of Concern with the Pilot Project

The Regulation, was created under the The Regulation, was created under the Forest Practices Forest Practices Code of BC Act Code of BC Act and subsequently moved to FRPA, this and subsequently moved to FRPA, this has created some legislative linkage issues with other has created some legislative linkage issues with other relevant legislation (particularly the relevant legislation (particularly the Forest ActForest Act))

We need to consider migrating beneficial elements of We need to consider migrating beneficial elements of the Regulation into FRPA and consolidating regulations the Regulation into FRPA and consolidating regulations

Issues with evaluating performance under Issues with evaluating performance under the Regulationthe Regulation

Issues with evaluating performance under Issues with evaluating performance under the Regulationthe Regulation

These include uncertainties about the following areas and the consequent These include uncertainties about the following areas and the consequent need to develop tools for assessing:need to develop tools for assessing: Overall achievement of landscape level strategies to provide adequate assurance to Overall achievement of landscape level strategies to provide adequate assurance to

the government in respect of management of Crown forest resources before the government in respect of management of Crown forest resources before expanding the use of some of these types of landscape level strategies in other expanding the use of some of these types of landscape level strategies in other areas of the province;areas of the province;

Reforestation performance on the Pilot Project area, particularly whether or not Reforestation performance on the Pilot Project area, particularly whether or not the new multi-block standards have been achieved; andthe new multi-block standards have been achieved; and

Compliance with other landscape level objectives and standards. Participants Compliance with other landscape level objectives and standards. Participants report out on results in Annual Reports, and the ministry requires additional tools report out on results in Annual Reports, and the ministry requires additional tools or technology to confirm whether performance requirements have been met.or technology to confirm whether performance requirements have been met.

Issues with administration of the Issues with administration of the RegulationRegulation

Issues with administration of the Issues with administration of the RegulationRegulation

Ministry Staffing and Engagement Ministry Staffing and Engagement – The Pilot Project has required additional – The Pilot Project has required additional time and resources from district, region and headquarters staff. time and resources from district, region and headquarters staff.

MFR staff believe they do not have sufficient time or resources to address and MFR staff believe they do not have sufficient time or resources to address and make modifications to provincial policy and procedures that apply only to one make modifications to provincial policy and procedures that apply only to one unique areaunique area

Statutory Decision Making – Statutory Decision Making – The statutory decision-making structure under The statutory decision-making structure under the Regulation requires that decision-making be executed by the Ministry of the Regulation requires that decision-making be executed by the Ministry of Forests and Range region and district, as well as by the Ministry of Forests and Range region and district, as well as by the Ministry of EnvironmentEnvironment

As we move forward the Fort St. John Pilot Project and As we move forward the Fort St. John Pilot Project and Innovative Forestry Practices Agreement (IFPA) Innovative Forestry Practices Agreement (IFPA) requirements must be harmonized with FPRA requirements must be harmonized with FPRA

Information Systems and Information Systems and Business ProcessesBusiness Processes

Information Systems and Information Systems and Business ProcessesBusiness Processes

The Pilot Project has created additional unique costs for the The Pilot Project has created additional unique costs for the Ministry of Forests and Range due to the requirement for:Ministry of Forests and Range due to the requirement for:

Alternate business processes required to handle authorization and tenure Alternate business processes required to handle authorization and tenure issues;issues;

Changes to the FTA and RESULTS information systems required to Changes to the FTA and RESULTS information systems required to accommodate the Pilot Project; and,accommodate the Pilot Project; and,

Reviewing and analyzing the reforestation data compiler.Reviewing and analyzing the reforestation data compiler.

Compliance and EnforcementCompliance and EnforcementCompliance and EnforcementCompliance and Enforcement

Under the Regulation, some ministry C&E staff in the Peace Under the Regulation, some ministry C&E staff in the Peace District must be familiar with two regulatory models District must be familiar with two regulatory models

In addition, the landscape level performance requirements In addition, the landscape level performance requirements necessitate the development and use of sophisticated assessment necessitate the development and use of sophisticated assessment tools tools

This requires additional staff training and capacity buildingThis requires additional staff training and capacity building

Next stepsNext stepsNext stepsNext steps

The goal is to continue the Fort St. John Pilot Project; The goal is to continue the Fort St. John Pilot Project; During the next few years both MFR and MOE expect that there During the next few years both MFR and MOE expect that there

will be an opportunity to apply the lessons learned from the Pilot will be an opportunity to apply the lessons learned from the Pilot Project on a provincial basis Project on a provincial basis

Additionally, there will be a period for transitioning the Additionally, there will be a period for transitioning the Pilot Project to a single legislative model so that the Pilot Project to a single legislative model so that the benefits that have resulted from it will not be lost to the benefits that have resulted from it will not be lost to the ParticipantsParticipants

The goal is to continue the pilot project based on the The goal is to continue the pilot project based on the assumption that staff representing MFR, MOE, and the assumption that staff representing MFR, MOE, and the

Participants will work collaboratively to:Participants will work collaboratively to:



Further evaluate existing Further evaluate existing landscape level strategieslandscape level strategies

Develop landscape level Develop landscape level strategies for forest health strategies for forest health which consider the which consider the implications of landscape implications of landscape level strategies for climatelevel strategies for climate

Develop landscape level Develop landscape level strategies for deciduous and strategies for deciduous and mixedwood management mixedwood management





Develop additional tools, Develop additional tools, technology and procedures to technology and procedures to effectively monitor and effectively monitor and measure achievement and measure achievement and compliance with landscape compliance with landscape objectives and standardsobjectives and standards





Explore opportunities for further streamlining CSA certification, Explore opportunities for further streamlining CSA certification, detailed reporting and compliance and enforcement inspections detailed reporting and compliance and enforcement inspections

Confirm that landscape level targets actually fulfill the Confirm that landscape level targets actually fulfill the stewardship objectives for which they were developedstewardship objectives for which they were developed

Integrate the key lessons learned and benefits derived from the Integrate the key lessons learned and benefits derived from the Pilot Project and the Innovative Forestry Practices Agreement Pilot Project and the Innovative Forestry Practices Agreement (IFPA) projects into FRPA(IFPA) projects into FRPA

New Working GroupNew Working GroupNew Working GroupNew Working Group

To achieve this a Working To achieve this a Working Group has been created to Group has been created to address the preceding items address the preceding items

SummarySummarySummarySummary

Consider incorporating the following elements from the Consider incorporating the following elements from the Regulation into FRPA:Regulation into FRPA:

The Sustainable Forest Management Plan The Sustainable Forest Management Plan (SFMP)(SFMP)

The Forest Operations Schedule (FOS)The Forest Operations Schedule (FOS) The Public Advisory Group (PAG)The Public Advisory Group (PAG)

forest practices branch bc forest service january 19, 2010 november 2009

Documents

pilot projectto

john pilot project regulation

forest actii

conservation of forest

respecting forest

forest values

boreal forest

john pilot project area