Coast Region FRPA Implementation Team Forest Stewardship Plan Extension Business Process and Guidance

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1 Coast Region FRPA Implementation Team Forest Stewardship Plan Extension Business Process and Guidance File: ARCS /61408F Objective Provide clear understanding of steps to be taken in preparing, submitting, reviewing and approving a Forest Stewardship Plan () extension 1. An extension is simply an extension of the term of an approved. If little has changed within the Forest Development Unit(s), and the holder of the is satisfied with the commitments made within their plan, an extension may be a simple way to continue operating under the plan. Principles to guide extension business process Utilize extension messaging found in the Administrative Guide to s (AG), FRPA General Bulletin # 22, etc. Use learning s from first review and approval process to ensure extension process is as efficient as possible. Consider risk to resource value in determining the level of review required for extension submission. Encourage Licensee/BCTS and Ministry of Forest, Lands and Natural Resource Operations (FLNR) staff to communicate extension issues early in the process, e.g. extension expectation meetings. Use district issues management working groups as a venue to develop local solutions to extension issues. Support new FLNR and Licensee/BCTS staff with review and approval training needs Use professional reliance model to meet the business response goals of government. Business Process Notes The basic extension business process can be broken down into 5 phases that cover 12 steps. The phase and related steps described below are provided as supporting information for the extension business process map found on the last page of this document. The business process can be customized to meet local needs as appropriate. Note: the extension business process map assumes that any amendment to the will be carried out under a separate process. 1 Note: Business Process and guidance is meant to supplement and support the Forest and Range Practices Act (FRPA) General Bulletin #22, An Overview of Extensions. 1

2 1: Implementation The extension decision can be influenced by the results of implementation phase. It is important to consider what was learned during the first development, review and approval process and the subsequent implementation of the over its term. 1. Before starting the extension process, confirm need to extend or replace the current, i.e. are future operations reliant on having in effect? Example; if operations in nonreplaceable licences are wrapping up such that no new cutting authorities are required, then there may be no need to consider extension or replacement. 2. Support the extension process with active and ongoing monitoring and First Nation (FN) information sharing over the term of the. Licensee/BCTS may wish to monitor commitments to determine if they are practicable to implement, i.e. adaptive management process. FLNR may monitor results or strategies against government objectives, e.g. Forest and Range Evaluation Program (FREP) and may monitor performance at district level, e.g. compliance inspections or local targeted monitoring. 3. Throughout the term of the, there will be information related to the implementation of the generated. There is an opportunity to monitor, document and file this information to help support the development, review and approval of a extension submission. Information relevant to a extension may be derived from the following sources; Original determination and associated rationale Cutting and road authority FN consultation results Compliance inspections and investigations reports Tracking System Reporting Silviculture Updates and Land Status Tracking System (RESULTS) FN information sharing correspondence Forest Certification public audit reports FREP monitoring reports Updated Timber Supply Review (TSR), e.g. new inventory information Results of review commitments made in the original, e.g. piloting innovative stocking standards. Informal government and Licensee/BCTS field reviews and issues discussions New and updated Land and Resource Management Plan (LRMP) process and Land Use Orders (LUO) Other informal Licensee/BCTS, stakeholder and public feedback Government (e.g. FRPA bulletins, Chief Forester guidance) and joint government and Licensee/BCTS (e.g. Coast Region FRPA Implementation Team (CRIT) discussion papers) guidance New and updated legislation legal interpretations related to content, conformity and approval tests, e.g. FRPA Bulletins 2: Information Gathering Information gathering is an important means of preparing for the extension process. District FLNR staff are encouraged to compile information to support the extension 2

3 expectation meeting discussion (step 8). Licensee/BCTS staff may choose to use this step to inform themselves for the purpose of making replacement/extension decisions. 4. Licensee/BCTS staff working with their will be familiar with the day to day commitments contained in the plan, however, when approaching the expiry date, Licensee/BCTS staff are reminded to consider the following; Confirm expiry date Review the and make note of any commitments or conditions related to the approval of the original, e.g. spatial or temporal limits, monitoring and/or reporting requirements, pilot projects, etc. These conditions may be relevant to the extension submission and/or decision Consider the original supporting information and approval rationale and understand the thought process that went into the original determination and Review implementation results, including any FN information sharing commitments derived from the implementation phase (steps 2 and 3) The Licensee/BCTS proponent should consider expiry date in relation to cutting and road authority requirements. The higher the risk of disruptions to operations because of lack of cutting and road authorities, the sooner a Licensee/BCTS proponent should start the extension process. Licensee/BCTS should consider consulting the Tracking System or contacting district staff to understand how many other Licensee/BCTS s may be expiring at the same time, i.e. determine extension scheduling submission and decision timing needs. 5. It is a Licensee/BCTS business decision whether to extend the current or replace with a new. Factors influencing the decision to extend versus replace with a new may include; Extend current Little or no change in circumstances, ability to meet commitments or risk to resource value(s). Monitoring results indicating effectiveness of in meeting resource values objectives and/or Licensee/BCTS operational goals. Little or no desire or resources to try new approach. Planning protection is not high priority. Future amendment required, e.g. new legal objectives anticipated in near future. Limited time before current expires and urgent need to keep in effect to meet business operation needs, e.g. Cutting Permit, Road Permit authorities. Replace with new Significant changed circumstances affecting Licensee/BCTS ability to meet commitments Monitoring results indicating resource values objectives and/or Licensee/BCTS operational goals are not being met. High desire and ability to propose new and innovative commitments into the. High desire to retain planning protection (FRPA s. 7(1.1)) Significant new legal objectives in effect, e.g. Haida Gwaii LUO. Sufficient time available prior to expiry of current or no urgent need for new Cutting Permit, Road Permit authorities. 3

4 In general, if there is little need and desire to make changes to the, then Licensee/BCTS are encouraged to consider extension process. extensions help to streamline administration of an expiring, i.e. reduce time, cost and resources of both Licensee/BCTS and FLNR staff. If unsure about this decision, Licensee/BCTS staff is encouraged to contact FLNR district office to get a better understanding of the options available to them and the factors that may influence this decision. 6. A decision to replace an expiring with a new will require the Licensee/BCTS to initiate a development and submission process. See Figure 1 Development and Submission business process on page 6 of the Administrative Guide to Forest Stewardship Plans Volume I. 7. Prior to having the expectation meeting with Licensee/BCTS (step 8 below), District FLNR review staff should ensure that they have read the Licensee/BCTS, supporting information, the Delegated Decision Maker (DDM) decision and rationale. District FLNR staff should summarize the results of any performance review(s) and FN information sharing results derived from the implementation phase (step 3). From this review the DDM can determine extension priorities that need to be communicated to the Licensee/BCTS. The objective is full disclosure of FLNR extension determination priorities and DDM expectations so that the Licensee/BCTS is fully aware of what elements of the extension submission need to be addressed. 8. The information and priorities identified in steps 4 and 7 should be exchanged between the Licensee/BCTS proponent, the FLNR review team and the DDM. This is best achieved using a expectation meeting. The objective of this discussion is to ensure that the proponent, reviewer and decision maker understand which extension content items will require additional review as part of the review and approval process. This is the opportunity for the DDM to communicate his/her extension submission expectations. Topics for discussion may include; Confirming the change circumstances are over the term of the that will influence the extension determination. Confirming status and action(s) to address objectives set by government for both those triggering mandatory amendments and those that do not require mandatory amendment, i.e. interpretive forest site, recreation site or recreation trail (FRPA s. 56(3)), ungulate winter ranges, lakeshore management zones or visual quality objectives. Licensee/BCTS business priorities and innovation ideas to gauge initial FLNR feedback DDM assessment of resource value risk and planning priorities that will need to be addressed by the Licensee/BCTS during plan preparation phase (as well as confirming low risk aspects of ) Confirming amendments to be submitted post extension (minor versus amendment requiring approval). Confirming FN information sharing and consultation requirements (level of consultation needed). 4

5 Identifying FN consultation agreements that direct consultation framework and timelines. extension submission logistics, e.g. contact information, timelines, supporting information requirements, etc. As described in FRPA General Bulletin #22 An Overview of Extensions, change circumstances over the term of the original may influence the decision makers understanding of how the extension proposal meets the approval test. Therefore, relevant change circumstances should be open for discussion during the expectation meeting. Page 2 of FRPA General Bulletin #22 lists some examples of change circumstances that the plan preparer may wish to turn their mind to. A thorough understanding of the change circumstances will help guide the expectation meeting discussion. It may not be practical or necessary to have one on one meeting between district FLNR staff and Licensee/BCTS in all cases. One on one information sharing can occur via other formats, e.g. conference calls, telephone calls and exchanges may be appropriate where there is little new information applicable. 3: Plan Preparation 9. The plan preparer should ensure that the submission package addresses the DDM s assessment of resource value risks, planning priorities and expectations identified during the expectation meeting (step 8). To help support the submission, the package may include supporting information that addresses all issues identified during the expectations meeting. The submission package should be submitted within a timeline that anticipates FN consultation requirements. While amendments requiring approval may be contained in the same submission package, they should be submitted as a distinct and separate decision from the extension decision. 4: Submission Review 10. The extent of the review process and development of the review package should reflect the resource value risks and DDM planning priorities and expectations identified during the expectation meeting (step 8). FRPA General Bulletin #22 An Overview of Extensions provides guidance related to extension approval tests. 11. See FRPA General Bulleting #22 Overview of Extensions and the FN Consultation Process sections on page 121 and 151 of the Administrative Guide to s Volume I for discussion regarding FN consultation requirements associated with extension determinations. Check to see if scope of consultation process may be guided by Treaty or consultation agreements. 5: Determination 12. The extension test is different and distinct from amendment requiring approval test. extension test is defined in FRPA s. 6 and FPPR s. 28 (see FRPA General Bulletin #22 Overview of Extensions for discussion related to extension test). 5

6 Extension Process Timelines There are many factors that will influence the time required to develop, review and approve a extension. In general, the greater the extent of changed circumstances since the original approval, the more thorough (and time consuming) the process will be. The extension process will be influenced by the following; Extent of implementation monitoring over the life of the expiring. The more monitoring results, data, inventory, information sharing etc. available, the more focused the process will be. Exchanging information and expectations early in the process will allow for a more focused plan preparation effort and will likely result in a submission that targets all of the issues relevant to the decision maker, i.e. will reduce back and forth discussion during review phase. Submissions that include FN information sharing results may influence the extent and time required to achieve governments FN consultation obligations. Submission scheduling when several other s are expiring at the same time may create backlog in district offices. Summary The FRPA provides an opportunity to streamline the administration process associated with an expiring through a extension process. Holders of s are encouraged to consider and where it makes sense, to take advantage of this opportunity to ensure business continuity. Efficient and effective administration of the extension process will be enhanced by diligent application of the Information Gathering phase, key extension principles, available extension guidance and good communications between Licensee/BCTS and FLNR staff. References 1. Administrative Guide to Forest Stewardship Plans Volume I and II 2. FRPA General Bulleting #22 Overview of Extensions Additional Information Contact the CRIT co-chairs; Chuck Rowan, Forest, Lands and Natural Resource Operations, or chuck.rowan@gov.bc.ca or Joe LeBlanc, International Forest Products, or joe.leblanc@interfor.com View additional CRIT guidance publications at 6

7 Coast Region FRPA Implementation Team (CRIT) Extension Business Process Map June 10, 2011 Implementation Information Gathering Plan Preparation Submission Review Determination Implementation Development and Submission Process 6 FLNR FN Consultation Process. 11 Replace Start 1 Extend or Replace? 5 Extend extension expectation meeting 8 Licensee/BCTS prepares and submits extension package. 9 FLNR develops review package for DDM 10 Extension Determination 12 Document and file information 3 Licensee/BCTS review results. 4 Document and file information 3 FLNR review performance. 7 Monitoring Process 2 FN Information Sharing Process 2 7 Note: Superscript numbers represent the steps within each phase (see text above for detailed explanation of each step).