Forest Practices Code Transition

1. Forest Practices CodeTransition Planning and Silviculture John McClarnonRegeneration SpecialistMOF

2. 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

3. 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

4. What’s New: Summary JMCCLARN: Free Growing Status - Not a planning requirement , it is a modification of the free growing obligation • Discontinuation of the requirement for Silviculture Prescriptions • Site Plans that are neither submitted nor approved • Site Plans identify: • MoF approved stocking standards; • regen & FG date; and • applicable performancestandards or DM approved variances that apply to each cutblock under the plan

5. What’s New: Summary - continued JMCCLARN: Free Growing Status - Not a planning requirement , it is a modification of the free growing obligation • 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

6. 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

7. 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

8. Changes to Term • Site Plans to replace existing Silviculture Prescription when: • Results unachievable; or • Requirements cannot be met; and • Not practical to amend the Prescription • DM may order a Site Plan to replace outdated Silviculture Prescription

9. Changes to Term • Once Bill 75 & the Regs come into force • Silviculture 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

10. Site Plan Content • signed, sealed, dated by an RPF • total area and NAR • can apply to more than 1 cutblock • requirements for stand level biodiversity • limits on permanent access • Standards Units: • limits on soil disturbance • stocking requirements, regen & FG date

11. Site Plan Content (OPR) - continued • Must include a MAP showing: • size • shape & location • mappable reserves • all streams • known resource features • Standards Units • NAR • PAS

12. 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

13. 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

14. Applicable Performance Standards (APS) - TH&SP Reg. • APS is the specific performance level for : • stand level biodiversity (WT & CWD) • limits on permanent access structures • limits on soil disturbance • max allowable soil disturbance for roadside work areas

15. 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.

16. For each cutblock a forester assigns stocking 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.

17. 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

18. Requirements ChangesVariances (TH&SP Reg) • Agreement holder may submit a request for variance • Request for variance must specify: • area • regulation requirement • proposed performance requirement • rationale

19. 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 or • is in the public interest • Variances do not apply to Operational Plans

20. 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

21. 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

22. 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 SU • holder met stocking requirements for a min of 90% of combined area of: • the standards unit • and all other SU where regen date occurred during that year

23. 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 SU • holder met overall average of min well spaced preferred on combined area of: • the Standards Unit • and all other SU where regen date occurred during that year

24. 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 requirement • sufficient time has elapsed since brushing occurred • DM may authorize a shorter period

25. 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 Prescription • earliest free growing assessment date has passed for areas under a Site Plan

26. 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 damage • exercised due diligence • These provisions are not retroactive

27. End of Site Plans and Silviculture Presentation With John McClarnon