forest practices code transition planning and silviculture john mcclarnon regeneration specialist...

Forest Practices CodeTransition

Planning and Silviculture John McClarnon

Regeneration SpecialistMOF

Planning - Silviculture

What's Not New (partial list)

Existing Silviculture Prescription and associated obligations continue to apply

Amendment requirements for silviculture prescriptions are still in place

Stocking standards - same elements

Standards Unit


What's Not New (partial list) - continued Survey procedures Requirements for regeneration date / free

growing assessment period Constraints or prohibitions for silviculture

treatments Similar exemptions from reforestation are

maintained as for Silviculture Prescriptions Bark Beetle Regulation exemptions from

Silviculture Prescription applies to Site Plans


What’s New: SummaryDiscontinuation of the requirement

for Silviculture PrescriptionsSite Plans that are neither submitted

nor approvedSite Plans identify:

MoF approved stocking standards;regen & FG date; andapplicable performance

standards or DM approved variances that apply to each cutblock under the plan

JMCCLARN:

Free Growing Status - Not a planning requirement , it is a modification of the free growing obligation

JMCCLARN:



What’s New: Summary - continued

Defaults in legislation for some APS Licensee may propose a variance to

specified defaults in the TH&SP Reg at the cutblock to management unit level

Limitations on liability ( regen date / free growing)

Gov may fund or waive the free growing obligation if a damage causing event destroys plantation

JMCCLARN:


JMCCLARN:



What is the Intent of the Changes? Speeds process by reducing number of

plans requiring approval Eliminates time consuming review by MoF Reduce licensees administrative burden Ensures gov retains final authority on

standards Provide flexibility for licensees Transition stage to full results-based

regime Limited transfer of risk back to gov


Requirement Changes

Majority of existing Silviculture Prescriptions prepared prior to FSAA remain in effect

Exceptions are Silviculture Prescriptions prepared for:Areas where timber was

damaged or destroyed by natural causes & there was no salvage harvesting

Backlog areas


Changes to Term

Site Plans to replace existing Silviculture Prescription when:Results unachievable; orRequirements cannot be met;

andNot practical to amend the

PrescriptionDM may order a Site Plan to

replace outdated Silviculture Prescription


Changes to TermOnce Bill 75 & the Regs come into

forceSilviculture Prescriptions can no

longer be approved after that date, only amendments to existing prescriptions

Silviculture Prescriptions that have been prepared but not approved will generally be easily converted to Site Plans

Site Plans must be prepared prior to commencement of harvesting


Site Plan Contentsigned, sealed, dated by an RPFtotal area and NAR can apply to more than 1 cutblockrequirements for stand level

biodiversity limits on permanent accessStandards Units:

limits on soil disturbancestocking requirements, regen & FG

date


Site Plan Content (OPR) - continued

Must include a MAP showing:size shape & locationmappable reservesall streamsknown resource featuresStandards UnitsNARPAS


Assessments Required Before Site Plan Assessments required before Site Plan:

VIA if known scenic area Coast gully assessment Pest incidence Survey ( if required by DM)Archeological Impact Assessment

Assessments must be made available to DM on request

Site Plan must be consistent with the assessment results & recommendations


Site Plan Content (Act) -

continued Site Plan holders have an obligation to

establish a free growing stand The Site Plan is not an enforceable document

identifies the stocking requirements, regen &FG dates , APS or variances that apply to a standard unit and/or cutblock(s)

the standards or requirements assigned to an area are what is enforced


Applicable Performance Standards (APS) - TH&SP Reg.

APS is the specific performance level for :stand level biodiversity (WT & CWD)limits on permanent access

structureslimits on soil disturbance max allowable soil disturbance for

roadside work areas


Applicable Performance Standards - continued

APS for a given area is determined per the following order of priority:per Silviculture Prescription or if there is

no Silviculture Prescription as specified in :

a Forest Development Plan

If there is no APS the default is to “standards” in regulation for which variances can be requested.


Standards Unit Map and APSDFA: Coastal TSA

LOCATION: LICENCE: CP: BLOCK:

Free Growing Standards

SUBGC Zone

Site SeriesSoil Dist.Variance

WL TreeAreas

TreatmentRegime

A CWHvh1 01 2b

B CWHvh1 04 3b

C CWHvh1 01 Yes 2b

D

E

RPF Signature Date

Signing and sealing is a declaration by theRPF that the species, stocking standards andactivities are appropriate for the standards

units on the map and specific site conditions.Signing and sealing is also a declaration bythe RPF that the post free growing activities

are consistent with the Silviculture Strategy orany higher level plan for this management

unit.

For each cutblock a forester assignsstocking standards, regen & FG dates and APS from the FDP In the absence of APS , default standards in the TH&SP Reg apply unless the DM has approved a variance.


Applicable Performance Standards- continued Site Plans cannot be prepared

until approved stocking standards are amended into the FDP

Short term - cutblock by cutblock amendments if essential

Goal is stocking standards tables tailored to local operating areas


Requirements ChangesVariances (TH&SP Reg)

Agreement holder may submit a request for variance

Request for variance must specify:area regulation requirement proposed performance

requirementrationale


Variances - continued

DM may grant variance only if satisfied:variance is to prescribed requirements

biodiversity, PAS, soil disturbance

or a constraint or prohibition on a forest practice in the TH&SP Reg

will adequately manage & conserve oris in the public interest

Variances do not apply to Operational Plans


Site Plans - Approvals

Site plans are not approved:

must be publicly available upon request

must be available at place of business nearest the area under the plan


Reporting Requirements

Reporting requirements same except:Licensees must transmit all

attribute and map information electronically

1 reporting date - May 31st Form A is back

Identifies stocking requirements, regen & FG dates and APS assigned to a block


Limitation of Liability - Regeneration Date Stocking DM may accept declaration where the

SU stocking requirements have not been met, if DM determines :during the 1 year period before the

regen date for the SUholder met stocking requirements

for a min of 90% of combined area of: the standards unitand all other SU where regen date

occurred during that year


Limitation of Liability - Regeneration Date -Well Spaced

Preferred DM may accept declaration where the SU well spaced preferred have not been met if DM determines :during the 1 year period before the

regen date for the SUholder met overall average of min

well spaced preferred on combined area of: the Standards Unitand all other SU where regen date

occurred during that year


Limitation of liability - continued

Holders are exempt from 162.1(5) of the Act

A holder who makes a free growing declaration on a brushed block remains responsible unless:crop trees meet relative height

requirementsufficient time has elapsed since

brushing occurredDM may authorize a shorter

period


Limitation of liability - continued

The DM has 15 months to give notice to a holder if the obligation specified in the declaration has not been met

To declare a stand free growing it must be:within the FGAP if under Silviculture

Prescriptionearliest free growing assessment

date has passed for areas under a Site Plan


Government may fund extra expense or waive obligation

If damage causing event prevents achieving free growing

DM must: grant relief or provide funding

As long as licensee:did not cause / contribute to

damageexercised due diligence

These provisions are not retroactive


End of Site Plans and Silviculture Presentation

With John McClarnon

forest practices code transition planning and silviculture john mcclarnon regeneration specialist...

Documents

planning silviculture

planning requirement

free growing obligation

site plans site plans

site plan assessments

gov slide

free growing status

request site plan