FSP Extensions. Delivered by: Paul Picard, Del Williams Forest Tenures Branch. FSP Extensions. Objectives: To inform staff of the FSP extensions legal framework and implementation considerations.
FSP Extensions Delivered by: Paul Picard, Del Williams Forest Tenures Branch
FSP Extensions • Objectives: • To inform staff of the FSP extensions legal framework and implementation considerations. • To enable district staff to be well equipped to lead and engage in FSP extension determinations.
FSP Extensions • Discussion of FRPA Bulletin #22 – An Overview of FSP Extensions • What is an FSP Extension? • Approval Tests (prescribed and discretionary) • Amendments • Consultation • Guiding Principles • Questions for you!
What is an FSP Extension? • Extension of the term of the plan, for up to 5 years • The entire FSP is extended • Statutory Authority FRPA s.6(2) Term of forest stewardship plan 6 (2) The minister by written notice given to the holder may extend the term of a forest stewardship plan, before or after it expires for an additional period not exceeding 5 years in the circumstances specified by regulation.
Approval Tests • Forest Planning and Practices Regulation s.28 Extending term 28 For the purpose of section 6 (2) [term of forest stewardship plan] of the Act, the minister may extend the term of a forest stewardship plan if (a) the holder of the plan requests an extension, and (b) the minister is satisfied that the forest development units and the results and strategies in the plan (i) continue to be consistent with established objectives, or (ii) will be amended so as to be consistent with established objectives.
Approval Tests cont. “established objectives”is a defined term in the FPPR: "established objective" means (a) an objective continued under section 181 of the Act, (b) an objective described in Division 1 of Part 2, (c) a land use objective, and (d) an objective established under the Government Actions Regulation;
Approval Tests cont. There are two tests: Prescribed Test: there are conditions to meet before the minister can consider an FSP extension (the minister may extend the term of a forest stewardship plan if...) Discretionary test: if all the conditions are met, the minister may extend (as opposed to must), hence the discretionary test.
Prescribed Test The minister is satisfied that the forest development units and the results and strategies in the plan (i) continue to be consistent with established objectives or • What might cause r/s to not meet this test? • Changes to the established objectives (new, varied or cancelled objectives) in the area covered by the FDU and the r/s in the FSP • C&E enforcement activities demonstrate results inconsistent with the objective • Other feedback mechanisms provide reliable information to support a rationale (ie. Local and/or FREP monitoring, certification auditing, FN consultation) • Current knowledge of FRPA mechanisms differs from when r/s was originally approved ie. use of the term practicable in results or strategies. • Local considerations?? (ii) will be amended so as to be consistent with established objectives.
Discretionary Test • Stocking Standards - Ecological suitability, Short and Long-term Forest Health, Economically valuable supply of commercial timber, consistency with TSR. • What might cause stocking standards to not meet this test? • New scientifically and professionally endorsed stocking standard • New TSR assumptions • Monitoring results or new science • Local considerations??
Discretionary Test cont. • Measures • Prevent the introduction or spread of Invasive Plants • Natural range barriers • What might cause measures to not meet this test? • Monitoring results indicate that invasive plants have spread as a result of forest practices • Local considerations??
Amendments • FSP extensions and FSP amendments are two separate processes. • May be required to change any FSP content prior to approving an extension request • Standard amendment tests and process applies • “Consistent with” in s.28 b) i) & ii) likely means consistent with established objectives in effect 4 months prior to the extension request.
First Nations Consultation • Consultation is required on extension decisions • How may the consultation plan differ for an FSP extension request vs. an FSP amendment?
FSPTS • Extension decisions need to be tracked in the FSPTS. • V. 1.5 will facilitate this in March 2011 • Send Forest Tenures Branch your extensions approval info as an interim process, see the FSPTS Newsletter #1 for details.
Guiding Principles • Encourage up-front dialogue between licensee/BCTS and MFR review staff well in advance of initiating an FSP extension. • Identify and share information relating to forest resource values and associated FSP elements that will be significant to the extension determination. • Concentrate limited FSP development, review, and approval resources where it really matters. • Embrace professional reliance during the extension process. The ABCFP report, Applying Professional Reliance Under FRPA is a good reference in implementing this principle. • Strive for consistency across districts in the review process and determination results where there is consistency in the FSP being extended and the surrounding circumstances.
Questions for You • As a district, what should you be paying attention to during FSP extension process and decisions? • As a licensee, what should you be paying attention to during FSP extension process and decisions?
Questions for You • As a district, what steps do you need to take in order to be prepared to assess FSP’s and engage in the FSP extension process? • As a licensee, what steps do you need to take in order to be prepared to submit extension requests and engage in the FSP extension process?
Questions for You • What can the district and/or licensees expect the First Nations consultation on these decisions to look like?
Questions for You • Based upon what you’ve heard today, when would be a good time to initiate the process of FSP extensions?