Covering. Of Western Forest Products Inc. July 14, 2006 Version III (Submission)

Transcription

1 FOREST STEWARDSHIP PLAN s Covering Queen Charlotte Islands, Mid Island, Stillwater, Port Alberni and Portions of Port McNeill, Mainland Coast, Nootka Sound and Zeballos Forest Operations Of Western Forest Products Inc. July 14, 2006 Version III (Submission)

2 RATIONALES: TABLE OF CONTENTS Forest Stewardship Plan Forest Stewardship Plan for Approval INTRODUCTION pg 4-10 PAGE VALUE TOPIC FSP REFERENCE 11 SOILS Soils Part 4.1 (Paragraph to 4.1.5) Objective 1 13 WILDLIFE Spring Forage For Black Tailed Deer in Sayward Part (Paragraph ) Objective 2 (Sayward LUP) 14 WILDLIFE Elk Visual Cover in Sayward Part (Paragraph ) Objective 3 15 WILDLIFE Habitat for Specified Wildlife Species 19 WILDLIFE Ungulate Winter Ranges 20 RIPARIAN Riparian 24 RIPARIAN 25 FISHERIES SENSITIVE WATERSHEDS Critical Stream Reaches in Sayward (Sayward LUP) Fisheries Sensitive Watersheds 27 COMMUNITY WATERSHEDS Community Watersheds OLD GROWTH AND MATURE FORESTS UNDER VANCOUVER ISLAND LAND USE PLAN Old Growth and Mature Forests Under the Vancouver Island Land Use Plan APPENDIX C.1: ADJUSTMENT TO AREAS NOT TO BE HARVESTED UNDER THIS FSP Objective 1(a) Objective 10 APPENDIX C.1: ADJUSTMENT TO AREAS NOT TO BE HARVESTED UNDER THIS FSP Objective 11 Objective 14 OLD GROWTH MANAGEMENT AREAS IN SPECIFIED LANDSCAPE UNITS NON SPATIAL OLD GROWTH RETENTION OGMA s in Specified Landscape Units Non-Spatial Old Growth Retention 41 NON SPATIAL OLD GROWTH RETENTION Table 44 CUTBLOCK SIZE AND ADJACENCY Cutblock Size and Adjacency WILDLIFE TREE RETENTION 47 (LANDSCAPE UNIT OBJECTIVES Wildlife Tree Retention & FPPR s.9.1) 49 CULTURAL HERITAGE RESOURCES Cultural Heritage Resources Part (Paragraph to and Paragraph 1 of Appendix C.1) Objective 4 Part (Paragraphs and ) Objective 5 Part (Paragraphs to ) Objective 6 Part (Paragraph ) Objective 7 Part (Paragraphs to and Appendices C.2 and C.3) Objective 8 Part (Paragraphs to and Appendices C.3 and C.4) Objective 9 Part (Paragraphs to and Appendix C.1) Objective 10 Part (Paragraph and Appendix C.5) Objective 11 Part (Paragraphs to and Paragraphs 3 and 4 of Appendix C.1) Objective 12 Part (Paragraphs to ) Objectives 13,14 & 15 Part (Paragraphs to ) Objective 16 Part 4.5 (Paragraphs to and Appendix C.6) Objective 17 2 of 90

3 PAGE VALUE TOPIC FSP REFERENCE 51 VISUAL QUALITY Visual Quality Part 4.6 (Paragraphs to and Appendix C.7) Objective RECREATION Recreation Part 4.7 (Paragraphs to 4.7.2) Objective AVOIDING UNDUE REDUCTION Avoiding Undue Reduction to Part 4.8 (Paragraphs to 4.8.2) TO TIMBER SUPPLY Timber Supply 55 INVASIVE PLANTS Invasive Plants Part 6.0 (Paragraphs 6.1 to 6.3) 57 STOCKING STANDARDS Stocking Standards 1. Even Aged, Uneven Aged, and Deciduous Management Systems 67 STOCKING STANDARDS Stocking Standards 2. Intermediate Cutting Situations 68 STOCKING STANDARDS Attachment 1 Species and Free Growing Height Deviations Previously Approved in a Forest Development Plan 75 STOCKING STANDARDS Attachment 2 Stocking Levels A Comparison Between The FSP Stocking Standard (Paragraph ) and The Most Recent TFL Timber Supply Analyses. 84 STOCKING STANDARDS Attachment 3 The FSP Regeneration Date Consistency With the Most Recent TFL Timber Supply Analysis 89 STOCKING STANDARDS Attachment 4 A Comparison between the Weyerhaeuser Alder Management Strategy and the FSP Alder Stocking Standards. 3 of 90

4 for Approval 1.0 Introduction Western Forest Products Inc. (WFP) has prepared a Forest Stewardship Plan for several of its forest operations. This rationale sets out the reasons for approving the WFP FSP. The rationale summarizes the tests that must be met for approval and explains why the WFP FSP meets these tests. 2.0 FSP Must be Approved by Government Under section 3 of the Forest and Range Practices Act ( FRPA ), before the holder of a major licence harvests timber or constructs a road on land to which the agreement or licence applies, the holder must prepare, and obtain the minister's approval of, a forest stewardship plan that includes a forest development unit ( FDU ) that entirely contains the area on which the timber is to be harvested and the roads are to be constructed. 3.0 Government Must Approve an FSP if it Meets Legislative Requirements Under section 16(1) of FRPA, the minister must approve a forest stewardship plan or an amendment to a forest stewardship plan (an FSP ) if it conforms to section 5 of FRPA. Under section 5 of FRPA, an FSP must: (a) (b) (c) include a map, to a scale and format satisfactory to the minister and showing the boundaries of all forest development units ( FDU s ) under the FSP; specify intended results or strategies in respect of applicable objectives established by Government; and conform with prescribed requirements. 4.0 Specific Content and Approval s The specific content and approval tests for an FSP are set out in FRPA and in the Forest Planning and Practices Regulation ( FPPR ) and can be summarized as follows*: Content Item 1. Licensees, Licences and Areas Approval An FSP may apply to one or more holders of agreements under the Forest Act, agreements under that Act and areas to which such agreements do or will apply Source of Approval FRPA s.3(4) 2. Term The term must be a period not exceeding 5 years, specified by FRPA s.6(1) the proposed holder of the FSP at time of submission 3. Map & (a) Map must be to a scale and format satisfactory to minister FRPA s.5(1)(a) (i) FDU s (b) Map must show boundaries of all forest development units FRPA s.5(1)(a) (ii) 4 of 90

5 for Approval Content Item 3. Map & FDU s cont d 4. Results or Strategies 5. Stocking Approval (c) FSP must identify the following things that are in the FDU s under the FSP and in effect on a specified date: (i) ungulate winter ranges; (ii) wildlife habitat areas; (iii) fisheries sensitive watersheds; (iv) lakeshore management zones and widths in specified cases; (v) scenic areas; (vi) specified L1 lakes; (vii) community watersheds; (viii) old growth management areas, (ix) areas where commercial timber harvesting is prohibited by another enactment, (x) cutting permits and road permits held by the agreement holder. (a) The FSP must have a result or strategy for each objective applicable to the FSP (b) A result or strategy must be consistent with the established objectives that apply to the FSP to the extent practicable (c) A result or strategy must be measurable or verifiable (d) A result or strategy must specify the situations or circumstances that determine where in an FDU it applies (e) An FSP must include a result or strategy that addresses retention of trees in a riparian management zone (a) An FSP must specify the situations or circumstances that determine when FPPR s.44(1) (block basis) or FPPR s.45 (across blocks) applies (b) An FSP must specify where: (i) section 44 (1) (a) will apply, the regeneration date and stocking standards, (ii) section 44 (1) (b) will apply, the free growing height and stocking standards, (iii) section 45 (1) will apply, the regeneration date and the stocking standards, (iv) section 45 (2) will apply, the free growing date and the stocking standards, as approved by the chief forester; and (v) section 44(4) will apply, the stocking standards and the situations or circumstances in which those standards will apply. Source of Approval FPPR ss.14(2) & (3) FRPA s.5(1)(b) FPPR s.5(1.1) & FPPR ss.12(2) & 25.1(1) FPPR s.1(1) (paragraph (a) of definitions of result and strategy ) FPPR s.1(1) (paragraph (b) of definitions of result and strategy ) FPPR s.12(3) FPPR s.16(1) FPPR s.16(3) & (4) 5 of 90

6 Content Item 6. Measures (a) Invasive Plants (b) Natural Range Barriers 7. Harvesting Rights Approval (c) For the items referred to in FPPR s.16(3) (i.e. all stocking except intermediate and like cutting): (i) the regeneration date and the standards will result in the area being stocked with ecologically suitable species that address immediate and long-term forest health issues on the area, to a density or to a basal area that, in either case, (A) is consistent with maintaining or enhancing an economically valuable supply of commercial timber from British Columbia s forests, and (B) is consistent with the timber supply analysis and forest management assumptions that apply to the area covered by the plan on the date that the plan is submitted for approval, and (ii) the free growing height is of sufficient height to demonstrate that the tree is adapted to the site, and is growing well and can reasonably be expected to continue to do so. (d) For the stocking standards referred to in FPPR s.16(4) (i.e. intermediate and like cutting), the standards will result in the area being stocked with ecologically suitable species that address immediate and long-term forest health issues on the area, to a density or to a basal area that, in either case, (i) is consistent with maintaining or enhancing an economically valuable supply of commercial timber from British Columbia s forests, and (ii) is consistent with the timber supply analysis and forest management assumptions that apply to the area covered by the plan on the date that the plan is submitted for approval An FSP must specify measures to prevent the introduction or spread of species of plants that are invasive plants under the Invasive Plants Regulation if the introduction or spread is likely to be the result of the person s forest practices. An FSP must specify measures to mitigate the effect of removing or rendering ineffective natural range barriers. Forest Stewardship Plan for Approval Source of Approval FPPR s.26(3) FPPR s.26(4) FRPA s.47 & FPPR s.17 FRPA s.48 & FPPR s.18 An FSP must be consistent with the timber harvesting rights in FRPA s.5(2) a timber supply area and tree farm licence to which it applies. 8. Signature For a corporation, an FSP must be signed by an individual or individuals authorized to sign on behalf of the corporation. FRPA s.5(3) * Also see FRPA Administration Bulletin No. 3, November 7, 2005 and Appendix 2 to the Administrative Guide to Forest Stewardship Plans for similar summaries. Although the legislation specifies some exceptions to, or variations of, these requirements, none apply to the WFP FSP. 6 of 90

7 for Approval 5.0 Application of s to the WFP FSP The WFP FSP satisfies the FRPA content and approval requirements. 5.1 Licences, Licensees and Areas The content requirements pertaining to licensees, licences and areas are satisfied by Paragraphs 1.1 (and the related Appendix A.1), 1.3 and 7.1.1(p) of the WFP FSP. Paragraph 1.1 and the related Appendix A.1 specify the licences to which the FSP applies. Paragraph 7.1.1(p) of the FSP defines the Holder of the FSP to be WFP, and its successors or assigns. Paragraph 1.3 specifies that the WFP FSP will also apply to the area subject to the Stillwater FSP in the circumstances described in that Paragraph. 5.2 Term The content requirements pertaining to term are satisfied by Part 2.0 of the WFP FSP. Paragraph 2.1 of the WFP FSP specifies that its term will be 5 years from the commencement date to be specified by the approver of the FSP, which date will be entered in Paragraph 2.2 of the WFP FSP. 5.3 Map Showing FDU s The content requirements pertaining to the map, FDU s and identifying things within the FDU s are satisfied by Part 3.0 of the WFP FSP and the related Appendix B. The WFP FSP contains maps showing the boundaries of the two FDU s under the FSP. The maps are to a scale and in a format considered satisfactory. The maps also show all of the things required by section 14(3) of the FPPR in effect as of the date 4 months before the plan is intended to be submitted for approval (currently, before July 14, 2006), as required by FPPR s.14(2). 5.4 Results and Strategies As explained in this, the content requirements pertaining to results and strategies are satisfied by Part 4.0 of the WFP FSP and the related Appendices C.1 to C.7. The WFP FSP contains a result or strategy for each established objective that applies within the FSP FDU s as of the date 4 months before the plan is intended to be submitted for approval (currently, before July 14, 2006), as required by FRPA s. 16(2). The only exceptions are the objectives set by Government for timber under FPPR s.6. Under FPPR s.12 (8), licensees are exempt from preparing a result or strategy in respect of these objectives. 7 of 90

8 for Approval As indicated, each result or strategy is: (b) (c) (d) consistent to the extent practicable with the objective for which it is proposed, in accordance with FPPR s.25.1(1); measurable or verifiable, as required by paragraph (a) in each of the definitions of result and strategy in FPPR s.1(1); and describes the situations or circumstances where in an FDU they will be applied, as required by paragraph (b) of each of the definitions of result and strategy in FPPR s.1(1). 5.5 Stocking Standards As explained in this, the content requirements pertaining to stocking are satisfied by Part 5.0 of the WFP FSP and related Appendices. 5.6 Measures As explained in this, the content requirements pertaining to measures are satisfied by Part 6.0 of the WFP FSP. 5.7 Signature The content requirement for the signature of an individual authorized to sign the FSP on behalf of WFP is satisfied by Part 9.0 of the WFP FSP. 5.8 Other Contents The WFP FSP also: (a) (b) (c) (d) specifies in Paragraph 1.2 the circumstances and extent to which the rollover provisions in FRPA s.197 are applied; specifies in Paragraph 4.8 provisions related to objectives that refer to without unduly reducing timber supply, which: (i) is content recognized in FRPA Administration Bulletin Number 3 (Third example in Answer to Question 2); and (ii) is further explained in the specific for this Paragraph that follows; provides in Part 7.1 an Interpretation section, the use of which is recognized in FRPA Administration Bulletin Number 3 (Answer to Question 1); provides in Part 7.2 for Matters Affecting the FSP, as follows: (i) Paragraph addresses the effect of natural events, actions by Government, actions by third parties and similar circumstances. Paragraph provides that the FSP requirements do not apply to the extent they are affected by these events and beyond the reasonable control of the Holder of the FSP. The use of limitations and alterations due to future events is recognized in FRPA Administration Bulletin Number 3 (Answers to Questions 2 and 5). Key concepts in Paragraph are specifically referenced in the Bulletin and used in legislation. For example, actions of Government and environmental events are two types of events that the Bulletin 8 of 90

9 for Approval (ii) (iii) (iv) (v) (vi) (vii) indicates can trigger alternative commitments in an FSP. The actions of Government listed in this Pararagraph are drawn from Government regulation (the previous Cut Control Regulation). Part 7.2 provides that the FSP requirements do not apply to the extent they are affected by the indicated events. The use of to the extent to define the degree of change is taken from the FPPR, where it is used to determine the application of objectives (e.g. ss.7(3), 8.1(3) and (5); 8.2(3) and (5) and 12(4)), to determine the application of road related requirements (ss.79.1(5) and (9)) and to define limitations on the application of FRPA s.21, which requires that results be achieved and strategies carried out (ss.90 and 106.3(2)); Paragraph is related to Paragraph Paragraph requires the Holder of the FSP to give notice to Government so that it is aware that Paragraph is being invoked, which goes to the issue of Government knowing the situations or circumstances in which it will apply. This Paragraph requires the Holder to do what is in its control to limit the application of Paragraph 7.2.1, which is consistent with concepts in FRPA such as results and strategies being consistent to the extent practicable and the reasonableness concepts that pertain to measures (as explained in FRPA Administration Bulletin Number 3). Paragraph is also related to Paragraph and specifically acknowledges that Paragraph will not apply to relieve the Holder of any obligation that FRPA requires to be unqualified (or absolute) in this manner, so that there can be no inconsistency with FRPA and no concept of overriding the legislation. Because FRPA expressly provides for the defence of due diligence and relief from obligations in specific circumstances, Paragraph 7.2.3(b) simply provides that Paragraph is not a waiver of or limitation on that defence or relief. Paragraph is consistent with the rule in FPPR s.2(1) and clarifies that despite any provision in the FSP that might otherwise be interpreted to extend to FIA work, no such provision overrides the concept in FPPR s.2(1) that FRPA is not intended to apply to FIA work; Paragraph provides a streamlined approach to managing the FSP into the future in that, if a Government decision that the FSP speaks to is subsequently cancelled or is otherwise no longer in effect, the Holder could either go through an FSP amendment process, which is time consuming for Government and the Holder, or simply disapply the portion of the FSP that was included because of the decision subsequently cancelled. FRPA Administration Bulletin Number 3 expressly recognizes that FSP s can speak to events in the future, including changes to Government decisions; Paragraph also provides for a forward looking event where Government may authorize or require an action that is different than that contemplated by the FSP. FRPA already recognizes such Government action and other events such as for wildfire, WCB and future Government decisions related to forest pests. This provision simply confirms that when Government takes action in this regard, which Government controls, the relevant portion of the FSP is disapplied to that extent. Paragraph establishes a specific disapplication of provisions in the FSP for certain events. In the case of subparagraphs (c) and (d), it simply makes clear that the FSP contents do not override the actions required or permitted in legislation, licences and permits issued by Government. This enables the main contents of the FSP to be simplified without losing this obvious exception. In the case of subparagraphs (a) and (b), these are consistent with exceptions recognized in the FPPR and reflect FRPA s to the extent practicable approach for results or strategies. 9 of 90

10 for Approval (viii) (ix) Paragraph is included again simply to make it clear that no general provision in the FSP inadvertently overrides or waives the planned and periodic change protections provided by FRPA. It is consistent with the legislation because it simply confirms that the legislation does apply even if the FSP might otherwise be interpreted differently. Paragraph provides for an orderly rollover of FSP s if the Holder of this FSP creates a new FSP to take over from this FSP in certain portions of the FDU s. This avoids the need for a process to amend this FSP as well as a process to create, review and approve the new FSP. The rollover under this provision will be subject to review and approval because it functions only if specifically provided for in the replacement FSP. This concept is consistent with the Holder s right under the Act to specify a term for the FSP up to 5 years, and this provision simply provides for a limit on the term specified. (e) provides in Part 7.3 rules for giving notices that are referenced in other provisions of the FSP. 10 of 90

11 RATIONALE SOILS Forest Stewardship Plan Topic Soils FSP Reference Part 4.1 (Paragraphs to 4.1.5) Objective 1 Objective Without unduly reducing the supply of timber from BC s forests, conserve the productivity (summary) and hydrological function of soils. (Source of Objective: FPPR s.5) Result or The Result or Strategy adopts the default practice requirements in sections 35 and 36 of Strategy the FPPR (see FSP Paragraph 4.1.1), with the following variations: (summary) the FSP permits a 10% limit on high hazard soils, with a requirement to rehabilitate it back to 5% in specified circumstances (FSP Paragraphs & 4.1.3). the FSP clarifies that the minimum 1 ha size for compacted soils that may require rehabilitation (FPPR Sec 35(5)(iii)) is 1 contiguous hectare (FSP Paragraph 4.1.4). FRPA Approval strategy is consistent with objective (or other point of information) The result or strategy is consistent with the objective because: the portion of the result or strategy adopting the default requirements in FPPR sections 35 and 36, is considered by Government to be consistent with the objective (see FRPA Interpretation Bulletin No. 3); the portion of the result or strategy varying the defaults: o in the case of the 10% limit for high hazard soils: the productivity and hydrological function is conserved because 90% of the high hazard soils remain undisturbed; the 10% limit is identical to the 10% allowable limit for Interior high hazard soils, which is deemed to be consistent with the same objective that applies to this FSP; productivity and hydrological function is further conserved because of the requirement to rehabilitate back to the 5% limit specified in the default, in the circumstances described in the result or strategy; where the additional 5% is not rehabilitated back, the additional disturbance should not materially affect productivity or hydrological function, especially where wide-tire machines are used Background notes pertaining to the 10% limit: The 5% limit for Coastal sites was originally set because that was an achievable goal given the yarding systems of the day (i.e., pre-1995) on the Coast. The 5% standard was administrative or practice-based, not sciencebased. The pre-1995 yarding systems were primarily cable and hoe forwarding. Additionally, the dominant silviculture system was clearcutting. With the advent of variable retention silviculture, ground-based systems are at times constrained to narrow yarding corridors and consequently more concentrated soil disturbance can occur. Similarly, machine-based roadside treatment of slash accumulations, now common, was in limited use at the time the original soil disturbance standards were written. Multiple-machine harvesting and yarding systems that are common in the Interior are now being introduced on the Coast. More harvesting of smaller full length second growth trees is occurring. With these systems, a 10% level of soil disturbance is more typical, yet the additional soil disturbance may not have a significant effect on site productivity because the machinery 11 of 90

12 FRPA Approval o Forest Stewardship Plan (or other point of information) used causes less compaction. While there is a lack of empirical data that would support or refute the proposed 10% limit for High Hazard Soils, we believe this approach to be rational, reasonable and appropriate. in the case of the 1 contiguous hectare, the area is the same as that noted in FPPR s.35(5)(iii), qualified by describing it as contiguous. This will allow greater clarity in identifying those areas requiring treatment and will ensure the productivity and hydrological function of the soils will be conserved. strategy is measurable or verifiable strategy specifies situations or circumstances that determine where it will apply The result or strategy is measurable or verifiable because: the portion of the result or strategy adopting the defaults in FPPR sections 35 and 36 is applying regulatory requirements Government has determined are measurable or verifiable; the portion of the result or strategy varying the defaults: o in the case of the 10% limit, specifies a percent surface soil disturbance, so the approach is the same as the default, providing a measurable or verifiable value based on established field survey procedures and calculations; o in the case of the contiguous hectare, this is a common concept used by Government that is measurable or verifiable based on established field survey procedures and calculations. The result or strategy specifies the situations or circumstances in which it applies because: the portion of the result or strategy adopting the defaults in FPPR sections 35 and 36 relies on the provisions in those sections, which set out the situations or circumstances where they apply; and the portion of the result or strategy varying the defaults: o in the case of the 10% limit, specifies that it applies to any timber harvesting or road building under the FSP on standards units comprised predominantly of high hazard soils, the latter concept being a familiar basis on which to indicate where a requirement applies, such as in FPPR s.35(3); o in the case of the contiguous hectare, applies in all of the situations or circumstances where s.35(5)(a)(iii) applies, as set out in that section. 12 of 90

13 RATIONALE WILDLIFE Forest Stewardship Plan Topic Spring Forage For Black Tailed Deer in Sayward (Sayward LUP) FSP Reference Part (Paragraph ) Objective 2 Objective (summary) Provide for spring forage adjacent to ungulate winter ranges for Black Tailed deer, as indicated on the Sayward Landscape Unit map titled Biodiversity and Wildlife as of February 3, 2003, by managing as per the procedure of the Holder of the FSP for spring forage. Result or Strategy (summary) In areas adjacent to the indicated ungulate winter ranges in Block 2 of TFL 39, roads will be constructed and timber harvesting will be carried out consistent with the Holder s strategy for the management of Critical Spring Forage adjacent to Black-tailed Deer Winter Ranges. FRPA Approval strategy is consistent with objective strategy is measurable or verifiable strategy specifies situations or circumstances that determine where it will apply (or other point of information) This result or strategy is consistent with the objective because it restates the steps, practices or outcomes specified in the objective, and the circumstances in which they are to be achieved or carried out and, as such, is deemed to be consistent by virtue of FPPR s.25.1(2). The result or strategy is measurable or verifiable because it adopts the strategy for the management of Critical Spring Forage adjacent to Black-tailed Deer Winter Ranges and the elements of that strategy can be measured or verified because it: is based on specified, fixed amounts (distance, aspect, elevation, age, area). The result or strategy specifies the situations or circumstances that determine where it applies because it clearly specifies: that the locations to which it applies, namely, the areas adjacent to ungulate winter ranges identified on a specified and dated map produced by Government and within a specified block of a specified tenure; and the activities to which it applies, namely harvesting within the identified areas. 13 of 90

14 RATIONALE WILDLIFE Forest Stewardship Plan Topic Elk Visual Cover in Sayward FSP Reference Part (Paragraph ) Objective 3 Objective (summary) Result or Strategy (summary) For elk in the Elk Visual Cover Areas identified on the Sayward Landscape Unit map, maintain at least 50% of the forested area of each Elk Visual Cover Area at greater than 5 metres in height and prohibit further harvesting adjacent to the major riparian feature within such areas until the forest on the opposite side of the riparian feature exceeds the 5 metre height requirement for a lateral distance of 100 m from the riparian feature. In an Elk Visual Cover Area within Block 2 of TFL 39, harvesting will not: reduce the forested area > 5m in height below 50% of the total forested area in the Elk Visual Cover Area; and occur adjacent to major riparian features (swamp, lake or stream) in areas until the forest on the opposite side of the riparian feature exceeds 5 metres in height for a lateral distance of 100 metres from the riparian feature. FRPA Approval strategy is consistent with objective strategy is measurable or verifiable strategy specifies situations or circumstances that determine where it will apply (or other point of information) This result or strategy is consistent with the objective because it restates the steps, practices or outcomes specified in the objective, and the circumstances in which they are to be achieved or carried out and, as such, is deemed to be consistent by virtue of FPPR s.25.1(2). The result or strategy is measurable or verifiable because it: is based on specified, fixed amounts (height, area, distance); and in the case of the riparian requirement, applies the concept of adjacency (as specified in the objective), which is utilized in the FPPR and, therefore, considered to be measurable or verifiable. The result or strategy clearly specifies: the locations to which it applies, namely the Elk Visual Cover Areas identified on a specified and dated map produced by Government and within in a specified block of a specified tenure; and the activities to which it applies, namely harvesting within the indicated Elk Visual Cover Areas. 14 of 90

15 RATIONALE WILDLIFE Forest Stewardship Plan Topic Habitat for Specified Wildlife Species FSP Reference Part (Paragraphs to ) and Paragraph 1 of Appendix C.1 Objective (summary) Without unduly reducing the supply of timber from British Columbia's forests, to conserve sufficient wildlife habitat in terms of amount of area, distribution of areas and attributes of those areas, for a) the survival of species at risk, b) the survival of regionally important wildlife, and c) the winter survival of specified ungulate species, as specified in notices from Government. Result or Strategy (summary) For each species for which a notice that applies to FDU #1 has been given, the FSP specifies an amount of area within FDU #1, based on a proportionate calculation and that is consistent with the attributes and distribution specified in the notice that will not be harvested under the FSP, subject to adjustments for specified circumstances. FRPA Approval strategy is consistent with objective (or other point of information) This result or strategy is consistent with the objective to conserve sufficient wildlife habitat in terms of amount of area, distribution of areas and attributes of those areas, because it restricts harvesting over an area that: is proportionate to the total area of habitat specified in the notice; and is consistent with the attributes and distribution specified in the notice. Proportionate results and strategies are permissible (FRPA Administration Bulletin Number 3: Answer to Question 9). For each species, the area WFP will not harvest is the proportion of the area of FDU #1 that is within the Forest District or TSA, as the case may be, and that includes the natural range of the species known to WFP, is to the total area of habitat within the District or TSA. In other words, if the area of FDU #1 occupies 40% of the TSA or District, the area WFP has committed not to harvest is an amount of natural range of the species equal to 40% of the area specified in the notice The amount not to be harvested is directly proportional to the amount of the specified area of habitat that is within WFP s potential operating area and the area to which the notice applies. As such, this commitment is consistent with the objective. Regarding the adjustments to these amounts, FSP s can provide for an alteration of a commitment based on a contemplated future event, such as an action of Government or an environmental event (FRPA Administration Bulletin Number 3: Answer to Question 2). In this case, the adjustments to the specified amounts are consistent with the objective because they are based on the following changes to the Notice itself, changes to the amounts specified in the Notice or Government decisions: under Paragraph (a) of the FSP, the amounts adjust to an amendment to the Notice that changes the amounts specified in the Notice; 15 of 90

16 FRPA Approval (or other point of information) under Paragraphs (b) and (c) of the FSP, the amounts adjust to a changes to two key elements that are, in most cases, enumerated in the Notice itself the THLB and the amount of habitat available; under Paragraph (a) of the FSP, the amounts are capped at the actual area subject to the Notice; under Paragraph (b) of the FSP, the amounts are adjusted by an authorization or direction by Government; under Paragraph of the FSP, the amounts are adjusted for an exemption provided by Government, as expressly provided for in FPPR s.7(3). Under Paragraph (a) of the FSP for the Affected Species that are at risk by District, the areas shown in the table that will not be harvested by the holder of this FSP were calculated by the proportionality formula except for the species specified below: Campbell River Queen Charlotte Goshawk The amount specified in the table is 0, which is consistent with the objective because none of the habitat specified in the s. 7 notice that the Government seeks to address is within FDU #1, so no additional limitation is required in that FDU. North Island Central Coast (NICC) Coastal Tailed Frogs The amount specified in the table is 0, which is consistent with the objective because the order establishing WHA reduced the specified amount and the remaining habitat Government seeks to address, as indicated by its proposed WHAs, are outside of FDU #1, so no additional limitation is required in that FDU. Great Blue Heron The amount specified in the table is 0, which is consistent with the objective because none of the habitat specified in the s.7 notice is within FDU #1 so no additional limitation is required in that FDU. Grizzly Bear The amount specified in the table is 0, which is consistent with the objective because none of the habitat specified in the s.7 notice is within FDU #1 so no additional limitation is required in that FDU. Marbled Murrelet The approach to this species differs in the version of the FSP submitted for approval. Rather than specifying in the table an aspatial amount not to be harvested, the FSP contains added maps to spatially identify an area that will not be harvested. The area identified is the remaining habitat Government seeks to address, as indicated by its proposed WHAs, it is consistent with the objective. Queen Charlotte Goshawk The amount specified in the table is 0, which is consistent with the objective because none of the habitat specified in the s. 7 notice is within FDU #1 so no additional limitation is required in that FDU. Queen Charlotte Marbled Murrelet The amount specified in the table is 0, which is consistent with the objective because the habitat Government seeks to address, as indicated by the order, is within the noncontributing land base of FDU #1, so no additional 16 of 90

17 FRPA Approval South Island (or other point of information) limitation is required in that FDU. Marbled Murrelet The amount specified in the table is 0, which is consistent with the objective because the habitat Government seeks to address, as indicated by the order, is within the noncontributing land base of FDU #1, so no additional limitation is required in that FDU. Queen Charlotte Goshawk The amount specified in the table is 0, because a WHA has been established, (WHA #1-006) and it addresses the specified area in the notice. Scouler s Corydalis The amount specified in the table is 49.0 ha Total & 10.0 ha THLB, which is consistent with the objective because it is the amount of habitat that the Government seeks to address, as indicated by its proposed WHAs so no additional limitation is required in that FDU. Squamish Grizzly Bear The amount specified in the table is 0, which is consistent with the objective because the remaining habitat Government seeks to address, as indicated by its proposed WHAs, are outside of FDU #1, so no additional limitation is required in that FDU. Marbled Murrelet The amount specified in the table is 0, which is consistent with the objective because the remaining habitat Government seeks to address, as indicated by its proposed WHAs, are outside of FDU #1, so no additional limitation is required in that FDU. Spotted Owl The amount specified in the table is 0, which is consistent with the objective because none of the habitat specified in the s. 7 notice is within FDU #1 so no additional limitation is required in that FDU. Sunshine Coast Grizzly Bear The approach to this species differs in the version of the FSP submitted for approval. Rather than specifying in the table an aspatial amount not to be harvested, the FSP contains added maps to spatially identify an area that will not be harvested. The area identified is the remaining habitat Government seeks to address, as indicated by its proposed WHAs, it is consistent with the objective. Marbled Murrelet The approach to this species differs in the version of the FSP submitted for approval. Rather than specifying in the table an aspatial amount not to be harvested, the FSP contains added maps to spatially identify an area that will not be harvested. The area identified is the remaining habitat Government seeks to address, as indicated by its proposed WHAs, it is consistent with the objective. Under Paragraph (b) of the FSP for the Affected Species that are ungulates, the areas shown in the table that will not be harvested by the holder of this FSP were calculated by the proportionality formula except for the species specified below: 17 of 90

18 FRPA Approval strategy is measurable or verifiable strategy specifies situations or circumstances that determine where it will apply Kingcome (or other point of information) Black-tailed Deer The amount specified in the table is 0, which is consistent with the objective because none of the habitat specified in the s. 7 notice is within FDU #1 so no additional limitation is required in that FDU. Mountain Goat The amount specified in the table is 0, which is consistent with the objective because none of the habitat specified in the s. 7 notice is within FDU #1 so no additional limitation is required in that FDU. Moose The amount specified in the table is ha., which is consistent with the objective because it is the amount of habitat that the Government seeks to address, as indicated by its proposed Draft UWR (LKL-1). Roosevelt Elk The amount specified in the table is 11.4 ha., which is consistent with the objective because it is the amount of habitat that the Government seeks to address, as indicated by its proposed Draft UWR (KLA-3). Sunshine Coast Mountain Goat The approach to this species differs in the version of the FSP submitted for approval. Rather than specifying in the table an aspatial amount not to be harvested, the FSP contains added maps to spatially identify an area that will not be harvested. As the area identified is the remaining habitat Government seeks to address, as indicated by its proposed WHAs, it is consistent with the objective. This result or strategy specifies an amount of qualifying habitat that will not be harvested by the Holder of the FSP. This amount can be measured or verified. Any adjustment to the amount not to be harvested can also be measured or verified because it is based on changes that can be measured or verified and the resulting change to the amount in hectares is (except for specific, identified Government decisions) based on a defined formula set out in Paragraph 1 of Appendix C.1 to the FSP. The result or strategy clearly specifies for each species the amount of qualifying habitat (defined by the attributes and distribution specified in Government s notice) within FDU #1 that is not to be harvested in each identified Forest District or Timber Supply Area identified Forest District or Timber Supply Area. 18 of 90

19 RATIONALE WILDLIFE Forest Stewardship Plan Topic Ungulate Winter Ranges FSP Reference Part (Paragraphs and ) Objective 5 Objective (summary) Result or Strategy (summary) In ungulate winter ranges for Black-tailed deer and Roosevelt elk designated in the Order U1-004 and for Mountain Goat in Order U2-002, road construction and harvesting is not to occur except as specified in the applicable Order, including for worker safety or anchors, or where otherwise approved by Government. Apart from specified exceptions, taken from the Orders, the Holder of the FSP will not construct road or harvest timber within the specified Ungulate Winter Ranges as long as they remain in effect. FRPA Approval strategy is consistent with objective strategy is measurable or verifiable strategy specifies situations or circumstances that determine where it will apply (or other point of information) This result or strategy is consistent with the objective because: the portion of the result or strategy that restates the steps, practices or outcomes specified in the objective, and the circumstances in which they are to be achieved or carried out which is all portions except Paragraph (a)(iii)(B), is deemed to be consistent by virtue of FPPR s.25.1(2); in the case of Paragraph (a)(iii)(B), providing for harvesting or road construction for such other purposes as may be in the public interest, the ungulate winter range will be conserved because enacting this variance requires that there must be no other practicable option, the quality of the winter range will not be significantly affected and the variance must be approved by the minister responsible for the Wildlife Act or a delegate of the minister. The result or strategy is measurable or verifiable because it: is based on very specific activities related to road construction and harvesting, taken from the Orders, that are generally field verifiable and in most if not all cases, is based on activities and criteria that are referred to in legislation and therefore considered to be measurable or verifiable (e.g., reference to worker safety, felling for specific yarding purposes and the use of no other practicable option are all concepts identical or very similar to FPPR provisions such as s.51(1) regarding permissible activities in RRZ s); in most cases, as set out in the Orders, requires specific Government approval that can also address this issue The result or strategy specifies the situations or circumstances that determine where it applies because it clearly specifies: the locations to which it applies, namely Ungulate Winter Ranges identified on maps produced by Government and attached to the Orders ; and the activities to which it applies, namely, road construction and harvesting within the identified Ungulate Winter Ranges. 19 of 90

20 RATIONALE RIPARIAN Forest Stewardship Plan Topic Riparian FSP Reference Part (Paragraphs to ) Objective Without unduly reducing the supply of timber from BC s forests, conserve, at the (Summary) landscape level, specified values within riparian areas. Result or The result or strategy has three components: Strategy (Summary) 1. Adopts Most Applicable FPPR Provisions as Result or Strategy: subject to specified variations noted below, the FSP adopts as a result or strategy the following sections of the Forest Planning and Practices Regulation: Riparian Classes and Widths: sections 47 to 49; Restrictions in RMA: section 50; Restrictions in RRZ: section 51; Restrictions in RMZ: section 52(2); Temperature Sensitive Streams: section 53. These are all of the FPPR provisions that pertain to this objective (FPPR s.12.3). 2. Provides Some Variations from FPPR Provisions: the variations are: Riparian Classes and Widths: to allow the widths specified in ss.47(4), 48(3) and 49(2) to be varied by providing the same area but distributing it differently in accordance with specified criteria; Restrictions in RMA: to add a circumstance in which a road can be constructed in an RMA; Restrictions in RRZ: to permit tree felling and removal to enhance specified environmental values in specified circumstances; Restrictions in RMZ: to provide that the requirements of s.52(2) apply as a result or strategy where failure to maintain stability will have an adverse effect; Temperature Sensitive Streams: no variations. 3. Addresses Retention in RMZ: for retention within the RMZ, the result or strategy requires that trees not be felled in an RMZ if there will be a material adverse effect on specified values and also requires, at a landscape level, that harvesting and road construction under the FSP not reduce specified forest cover within RMZ s below a specified limit. FRPA Approval strategy is consistent with objective (and other points of information) The result or strategy is consistent with the objective because: Portion Adopting FPPR Provisions as Result or Strategy: that portion of the result or strategy that adopts the cited sections from the FPPR as the result or strategy is considered by Government to be consistent with the objective (FRPA Administration Bulletin Number 3); Variations from FPPR Provisions: the variations from the cited sections are consistent with the objective for the following reasons: 20 of 90

21 FRPA Approval o o o Forest Stewardship Plan (and other points of information) Riparian Classes and Widths (Paragraph of the FSP): The variation, permitting widths that differ from those in the FPPR, is consistent with the objective to the extent practicable because it requires that the area of the RRZ be distributed in a practicable manner having regard to operational issues and the ecological factors applicable to the objective, as set out in section 2 of Schedule 1 to the FPPR. It overcomes the disadvantage of a fixed-width; namely, that because the buffer is specified without regard to site conditions other than stream class, the RRZ may result in some stream reaches with wider buffers than necessary for conserving the values specified in the objective, while other reaches may have narrower buffers than necessary. For example, a stream flowing through a bedrock-walled canyon does not require a treed buffer for bank stability and may not require a significant buffer of trees to maintain shading, woody debris and litter inputs. Using the riparian budget approach, trees that would have been left in this situation under a fixed-width prescription can be retained elsewhere, such as a stream reach where there is a wider active floodplain. By maintaining the same total area of riparian reserve, this approach will make an equivalent, or potentially greater, contribution to landscape-level biodiversity conservation. Restrictions in RMA (Paragraph of the FSP): The variation, permitting road construction in RMA s that do not include RRZ s, is consistent with the objective because restricting road building in the RMA of all S4-S6 streams could unduly reduce timber supply by rendering some timber inaccessible for conventional yarding. This variation is consistent with the exceptions already included in 50(1) of the FPPR and deemed to be consistent with the objective; namely, locating the road outside the RMA would increase risk of sediment delivery to the stream, wetland or lake, or there is no other practicable option, or the road is required as part of a stream crossing. Improving yarding deflection can reduce ground disturbance and potential for sedimentation. Essentially, Paragraph of the FSP simply confirms the availability of a specific case under the no other practicable option circumstance in FPPR s.50(1)(c). Further, if it is consistent with the objective to allow roads to cross all streams (as per s.50(1)(c)), it should also be consistent to allow roads to end in an RMA of S4-S6 streams to facilitate cost-effective and environmentally sound yarding. Finally, adhering to the restrictions in FPPR ss. 50(2) and 50(3) (as adopted as part of the result or strategy) and ss.54 to 57, which apply regardless of the FSP, for roads allowed in an RMA ensures that this extension of the existing allowances in FPPR 50(1) will be done in a manner that is consistent with the objective. Restrictions in RRZ (Paragraph of the FSP): This variation, permitting felling and removal of trees in the RRZ to enhance environmental values, is consistent with the objective to conserve riparian values because it specifically permits felling and removal only if it contributes to specified environmental values (enhancing old growth characteristics, wildlife or fisheries values or improving long term viable functioning of the riparian ecosystem) and, like FPPR Section 51(2), only if such felling and removal will not have a material adverse effect on the RRZ. 21 of 90

22 FRPA Approval o Forest Stewardship Plan (and other points of information) Restrictions in RMZ (Paragraph of the FSP): This variation is consistent with the objective because it requires retention of enough trees adjacent to S4, S5 and S6 streams that are direct tributaries of S1-S3 streams to maintain the stream bank or channel stability if failure to do so would have a material adverse impact on the S1-S3 streams. The change simply applies the same test to streams as is already applied to other features listed in this section (see FPPR s.52(2)(c)). Given that Government has concluded this test in the context of the features listed in s.52(2)(c) is, effectively, consistent with the objective (see FRPA Administration Bulletin Number 3, Answer to Question 6), it should also be consistent with the objective in the context of the streams. Retention in the RMZ (Paragraph of the FSP): the portion of the result or strategy addressing retention in the RMZ is consistent with the objective because: o (a) commits the company to retain all trees in RMZs for specified streams when the likelihood of slope failure is high; this is a conservative approach, given that some tree removal is likely to be acceptable without affecting slope stability; and strategy is measurable or verifiable o (b) sets a landscape-level target to maintain a certain proportion of RMZs for all classes of streams with trees 20 years old (approximately 5-6m tall for lower SI stands, and 10-17m tall for medium to high SI stands). According to the Watershed Assessment Procedures, stands with trees over 9m tall are considered to be at 90% hydrological recovery for calculating Equivalent Clearcut Area. Stands over 5m are considered to have reached at least 50% hydrological recovery. Therefore, maintaining 40% of RMZs with coverage of stands at least 20 years old will contribute positively to maintenance of water quality and riparian functions. The result or strategy is measurable or verifiable because: Portion Adopting FPPR Provisions as R/S: the portion of the result or strategy adopting the FPPR requirements is applying regulatory requirements Government has determined are measurable or verifiable; Variations from FPPR Provisions: the portions providing for variations from the FPPR provisions are measurable or verifiable as follows: o Riparian Classes and Widths (Paragraph of the FSP): the area to be provided is specified in a formula based on the length of stream, wetland edge or lake shoreline, which is field measurable, multiplied by the default minimum buffer width specified in the FPPR provisions; the maximum limit on widths of these areas is also field measurable and the use of the area approach is permitted only if the boundaries are specified in a site plan, and therefore its application is verifiable from a document available to Government. The criteria governing distribution of the area (size, topography and engineering constraints and specified riparian considerations) are used elsewhere in the FPPR and, therefore, considered to be measurable and verifiable. 22 of 90