Reforestation. After working through this lesson, you should be able to:

Transcription

1 Reforestation The summaries and their associated interpretations contained in this document are for general information only, not legal advice. To interpret or apply the law, you must consult the legally enforceable documents (Acts, Regulations, Agreements etc...). This information is provided as is, without representation or warranty. The College of Alberta Professional Foresters will not be responsible for any loss or damage arising from your reliance on this information. These summaries and interpretations are provided for your personal or educational use; it cannot be reproduced for commercial distribution. This lesson deals with reforestation responsibility and outlines the standards for monitoring reforestation including the goals and the roles and responsibilities of Forest Resource Improvement Association of Alberta (FRIAA) and its Forest Resources Improvement Program (FRIP). It also covers reforestation standards, the use of herbicide in forest management approval process, and tree improvement standards. After working through this lesson, you should be able to: understand the applicable sections of the Forests Act and Timber Management Regulation with respect to reforestation; compare and contrast the reforestation obligation of quota holders and Forest Management Agreement (FMA) holders ; explain the purpose and guidelines of the FRIAA; describe Alberta's regeneration survey system; describe the herbicide approval system with an understanding of the regulations and policies around herbicide use on Crown land for forest management purposes; describe the process for developing and using material from tree improvement programs; describe the implication of seed zones on reforestation practices in Alberta. Reference materials for this unit: 1. (MK) Reforestation Standard of Alberta 2. (MK) Forests Act a. (MK) Timber Management Regulation b. (MK) Forest Resources Improvement Regulation 3. (MK) Directive : Regeneration Stratum Declarations and Allowable Cut Adjustments 4. (MK) Directive 98-06: Industrial Vegetation Management Treatments 5. (MK) Directive 97-20: Continuing Contraventions of Reforestation Obligations 6. (SK) Directive FMBRS : Assessing Damage from Disturbance to Regenerating Forest Stands in Cutblock Openings and Recovering Productivity 7. (SK) Directive : Balsam and Alpine Fir as Acceptable Regeneration Species 8. (SK) Directive : Timber and Reforestation Operations Monitoring 9. (MK) Forest Resource Improvement Association of Alberta (FRIAA) 10. (SK) Alberta Forest Genetic Resource Management and Conservation Standards Manual (FGRMS) 11. (SK) Gene Conservation Plan for Native Trees of Alberta 12. (SK) Forest Management Herbicide Reference Manual 13. (MK) Alberta Forest Management Planning Standard Version 2 (January 2015) 1 of 22 Return To The Beginning

2 14. (MK) Environmental Protection and Enhancement Act a. (NTK) Pesticide (Ministerial) Regulation b. (SK) Pesticide Sales, Handling, Use and Application Regulation 15. (MK) Environmental Code of Practice for Pesticides Version 2 (January 2015) 2 of 22 Return To The Beginning

3 Reforestation Standard of Alberta June 16, 2014 The Reforestation Standard of Alberta is designed to determine the forest regeneration status of young managed stands relative to an assumed future condition. The Reforestation Standard is enabled by Directive FMBRS : Reforestation Standard of Alberta Directive. Importance to the Practice of Forestry: The Reforestation Standard of Alberta (RSA): Provides the standards and procedures to assess the level of reforestation success in managed stands following harvest; Enables the assessment of each opening to determine the adequacy of stocking survival, and growth (Establishment survey and D Standard CSR/NSR Performance survey); and, Assesses reforestation performance of each opening relative to the yields assumed in the FMP (Performance survey). Sections Important to Foresters: Forestry Practitioners must be familiar with all sections of the manual. Reading: Alberta ESRD (standard) Reading: Alberta ESRD (directive) Version 2 (January 2015) 3 of 22 Return To The Beginning

4 Forests Act (F-22, RSA 2000) Current as of May 27, 2013 The Forests Act is the enabling forest management legislation in Alberta. In other words, it sets forth the fundamental powers and legal authorization, in contrast with the Regulations or policies created under the Act, which combine to implement the enabling legislation. Importance to the Practice of Forestry: The Forests Act forms the base from which all forest-related activities must operate. The Act has been developed in four parts: Part 1 lays out the authorities; Part 2 deals with Crown Timber and outlines the relationship of the forest act to the Alberta Land stewardship Act (ALSA), Part 3 has been repealed, Part 4 covers Offences and Penalties. Note that forest protection is covered by separate legislation - the Forest and Prairies Protection Act. Part 5 enables the establishment of an appeal bodies and their associated processes. Sections Important to Foresters: A thorough knowledge of the Forests Act is essential. Foresters must know the contents of all parts in general terms. Reading: Queen's Printer Version 2 (January 2015) 4 of 22 Return To The Beginning

5 Timber Management Regulation (AR 60/73) (Forests Act) With amendments up to and including Alberta Regulation 62/2013 This Regulation prescribes requirements in the following areas: timber dispositions, types and method of allocation; Crown charges (timber dues, holding and protection charges, etc.); conducting harvest operations and record keeping associated with logging, milling and transportation; reforestation standards and payment of reforestation levies; penalties for noncompliance with the Forests Act and these Regulations Importance to the Practice of Forestry: The Regulation is essential, as it provides the framework for all timber regulated activities. Sections Important to Foresters: Foresters must know the contents of all sections in general terms. Reading: Queen's Printer (Regulation) Reading: Embedded (visual representation) Version 2 (January 2015) 5 of 22 Return To The Beginning

6 Visual Representation of the Timber Management Regulation reforestation responsibilities Version 2 (January 2015) 6 of 22 Return To The Beginning

7 Forest Resources Improvement Regulation (AR 152/97) (Forests Act, Environmental Protection and Enhancement Act) With amendments up to and including Alberta Regulation 38/2013 The main purpose of this Regulation is to establish a delegated administrative organization (Forest Resource Improvement Association of Alberta, known as FRIAA). The Regulation outlines the purpose, delegated authorities and responsibilities of the association. It also outlines the responsibilities and obligations of the association. Importance to the Practice of Forestry: FRIAA has been delegated certain authorities by the Minister, including the authority to collect FRIAA dues and reforestation levies from companies and individuals that harvest timber from Crown land. FRIAA is required to use those monies to fund programs and initiatives consistent with the purpose of the Association, such as the Forest Resource Improvement Program (FRIP) and the Community Reforestation Program. Sections Important to Foresters: Section 3: Purposes Section 5: FRIAA dues Section 5.1: Reforestation Levy Schedule 1: Parts A and B Reading: Queen's Printer Version 2 (January 2015) 7 of 22 Return To The Beginning

8 Directive : Regeneration Stratum Declarations and Allowable Cut Adjustments December 19, 2005 The purpose of this Directive is to provide procedures for determining and changing regeneration stratum declarations for timber harvest areas, and for temporary adjustment of forest tenure quadrant allowable cuts to reflect demonstrated reforestation results. Importance to the Practice of Forestry: The Alberta Regeneration Survey Manual contains regeneration standards for the four major forest types or strata in Alberta. Timber disposition holders are required to reforest harvested areas or openings to the regeneration standard declared for that opening. However, it is recognized that, despite silvicultural efforts, not all harvested areas will reforest to declared regeneration stratum. In such cases, this directive provides procedures for changing stratum and assessing whether compensating area exists within the same Forest Management Unit (FMU). If such areas do not exist, the quadrant allowable cut (QAC) for the disposition holder will be temporarily adjusted to reflect potentially reduced regenerated yield for that stratum. The QAC adjustment will be in effect until the applicable timber supply analysis of the forest management plan is revised and approved. Reading: Alberta ESRD (directive) Reading: Alberta ESRD (Q&A) Version 2 (January 2015) 8 of 22 Return To The Beginning

9 Directive 98-06: Industrial Vegetation Management Treatments November 19, 1998 The purpose of this Directive is to provide the opportunity for proper management, safety and reduced fire hazard at industrial facilities. Importance to the Practice of Forestry: A significant portion of Alberta s landbase contains oil & gas pipelines and electrical powerlines. Aggressively growing vegetation often begins to encroach on these developments. In the interest of safety, forest protection and facility management some of this vegetation may often be cleared. Industrial disposition holders are responsible for vegetation control and reclamation on their disposition. All maintenance activities performed after the initial right-of-way (ROW) construction require ESRD s approval prior to commencement. Approval must consider multiple use objectives such as wildlife cover or timber landbase constraints. Reading: Alberta ESRD Version 2 (January 2015) 9 of 22 Return To The Beginning

10 Directive 97-20: Continuing Contraventions of Reforestation Obligations September 23, 1997 The purpose of this directive is: To maintain a fair and equitable system of penalty application, and To improve compliance with existing legislation by making requirements and consequences clear and consistent. Importance to the Practice of Forestry: If a disposition holder does not comply with reforestation requirements, such as the following sections in the Timber Management Regulation: Failure to reforest within 2 years of harvest (Section 123) Late treatment as committed to in declaration of reforestation commitments (Section 132(3)) Late treatment of inadequately stocked regenerating areas (Section 132(4)) Reforestation efforts fail to meet stocking standards (Section 141.1(1)) Late reforestation treatment (Section 142, 142.1(1) and 142.1(3)) Then the disposition holder can be in contravention and may be assessed a penalty. Reading: Alberta ESRD Version 2 (January 2015) 10 of 22 Return To The Beginning

11 Directive FMBRS : Assessing Damage from Disturbance to Regenerating Forest Stands in Cutblock Openings and Recovering Productivity May 1, 2014 This Directive details the roles and responsibilities of all relevant parties and provides a clear procedure for identifying, assessing and proposing follow-up silviculture treatments. The accurate and timely update of the Alberta Regeneration Information System (ARIS) remains a pivotal responsibility for all parties working within this Policy and its procedure to deliver the expected outcomes. Importance to the Practice of Forestry: It is the policy of Alberta that all damage to regenerating forest stands in cutblock openings caused by disturbance events will be assessed in a timely manner. All cutblock openings that are located within an official fire boundary or an identified non-wildfire damage area will be considered as null productivity until assessed and reported otherwise. Reading: Alberta ESRD Version 2 (January 2015) 11 of 22 Return To The Beginning

12 Directive : Balsam and Alpine Fir as Acceptable Regeneration Species February 2, 2001 The purpose of this Directive is to facilitate regeneration representative of natural forest tree species composition wherever appropriate, and to allow for the use of various forest tree species to meet nonfibre resource management objectives. Importance to the Practice of Forestry: Fir may be used to reforest cutblocks when it was a prevalent species (equal to or greater than 20% crown closure based on overstory layers), as presented in the approved annual operating plan (AOP) map. Reading: Alberta ESRD Version 2 (January 2015) 12 of 22 Return To The Beginning

13 Directive : Timber and Reforestation Operations Monitoring May 1, 2006 The purpose of this Directive is to clearly outline the requirements for reporting of forest operations by the forest industry to the Department. The intent is to make reporting expectations clear and provide certainty to both the forest industry and Environment and Sustainable Resource Development (ESRD). This Directive also establishes a common understanding between ESRD and industry field staff that monitor forest operations to ensure expectations are clear regarding interpretation of field standards outlined in timber harvest planning and operating ground rules. Importance to the Practice of Forestry: FMA holders and quota holders ( forest companies ) who harvest more than 30,000 m³/year under tenure are to report their forest operations for compliance with timber harvesting ground rules and the approved Annual Operating Plan. Reforestation activities are reported through the reforestation program of the company Annual Operating Plan, and submitted electronically to the Alberta Regeneration Information System by May 15 annually, as per the protocols in the ARIS Industry Operations Manual. Reading: Alberta ESRD Version 2 (January 2015) 13 of 22 Return To The Beginning

14 Forest Resource Improvement Association of Alberta (FRIAA) The Forest Resource Improvement Association of Alberta (FRIAA), established under the Forest Resources Improvement Regulation, promotes and initiates projects that enhance Alberta s forest resources. Importance to the Practice of Forestry: FRIAA programs are aimed at benefitting the public by improving forest resources of Alberta and enhancing the management of Alberta s forest resources. Activities funded by FRIAA do not absolve industry of their responsibilities defined by legislation, regulation of terms of their tenure; rather it encourages activities that are above and beyond those that are required. Projects are funded by dues assessed and collected by FRIAA or by grants provided to FRIAA from the provincial government, federal government or other sources. Sections Important to Foresters: Foresters should be aware of the following for each program: Forest Resource Improvement Program (FRIP) o Purpose o Funding o Use of Funds o Reporting and Audit Requirements Community Reforestation Program (CRP) o Program Purpose and Goals o Reforestation Levy o Use of Funds o Reporting and Audit Requirements Wildfire Reclamation Program (WRP) o Objectives o Scope Incidental Conifer Replacement Program (ICP) o Program Purpose o Approvals Mountain Pine Beetle Program (MPBP) o Program Purpose o Approval of Proposals Mountain Pine Beetle Forest Rehabilitation Program (MPBFR) o Program Purpose o Approval of Proposals FRIAA FireSmart Program (FFP) o Program Purpose o Committee o Review and Approval of Proposals Reading: FRIAA Version 2 (January 2015) 14 of 22 Return To The Beginning

15 August 2009 Alberta Forest Genetic Resource Management and Conservation Standards (FGRMS) This document provides the standards for the deployment of wild and genetically improved seed and vegetative material on provincial Crown land in Alberta and defines the roles of government and industry with regard to managing genetic resources in the province. Alberta does not allow deployment of Genetically Modified Organisms on Crown land. Importance to the Practice of Forestry: Forest genetic resources are crucial to sustainable forest management, and to the long-term economic and ecological stability of the province. The adaptability, diversity and health of wild and managed populations are important aspects of sustainable forest management. Appropriate choice and use of wild seed ensures that tree species maintain their adaptability to the changing environment, resistance to insects and diseases, and that residual genetic variation is maintained to address unforeseen societal needs. Tree breeding and improvement can enhance the productivity of the forest landbase and also provide a quick and sustainable way to adapt to climate change. Unless involved in a tree breeding and improvement programs, a regular practicing forester is unlikely to encounter the standards governing procurement and use of genetically improved (Stream 2) seed and clones. The practicing forester has greater chance of collecting and using wild (Stream 1) seed, for which he/she must have an understanding of how such materials are collected, handled and registered with the government before being deployed in Crown Land. Sections Important to Foresters: The document contains Standards and Appendices. The standards are divided into two parts. Standards enclosed in double-lined boxes govern the development and use of genetically improved (Stream 2) seed and clones. Sections 1-6: General Sections 7-9: Ownership and Data Access For all subsequent chapters, read the text outside the double-lined boxes Appendices 1, 4, 7, 8 and 17 Reading: Alberta ESRD Version 2 (January 2015) 15 of 22 Return To The Beginning

16 May 2009 Gene Conservation Plan for Native Trees of Alberta Gene conservation is important for maintenance of the species evolutionally potential, especially now when the climate is changing faster. Importance to the Practice of Forestry: A practicing forester should know and appreciate the important of conserving the genetic resources. Reading: Alberta ESRD Version 2 (January 2015) 16 of 22 Return To The Beginning

17 February 1, 2004 Forest Management Herbicide Reference Manual The manual sets out how herbicide programs are to be carried out on Crown land for the purposes of forest management (i.e. site preparation and control of vegetation). Importance to the Practice of Forestry: The purpose of this manual is to ensure ESRD personnel and forest industry are: familiar with current Crown land/forest management herbicide use regulations and policies; taking an active role in ensuring herbicide use on Crown land is in accordance with policies and requirements; recognizing violations of provincial legislation governing herbicide use on crown land; comfortable performing basic herbicide inspections; and aware of incident reporting mechanisms and follow-up. Sections Important to Foresters: Forestry Practitioners must be familiar with the requirements placed on those using herbicides on Crown lands. Reading: Alberta ESRD Version 2 (January 2015) 17 of 22 Return To The Beginning

18 Version 4.1 April 2006 Alberta Forest Management Planning Standard The Standard provides guidance for forest management planning in Alberta. Importance to the Practice of Forestry: The Alberta Forest Management Planning Standard (the Standard) and its Annexes, interpretive bulletins and updates comprise the standard for preparing and implementing Forest Management Plans (FMPs) in Alberta. Sections Important to Foresters: Forestry Practitioners must be familiar with all sections of the manual. The following Units provide an overview of the 2006 Forest Management Planning Standard. Reading: Alberta ESRD Version 2 (January 2015) 18 of 22 Return To The Beginning

19 Environmental Protection and Enhancement Act (E-12, RSA 2000) Current as of December 17, 2014 The Environmental Protection and Enhancement Act consolidated several old Acts to try to bring an integrated approach to protect land, air and water. The guiding principles of the Act include public involvement, shared responsibility, sustainable development and polluters pay. Importance to the Practice of Forestry: Forest management activities are not included under this Act, however, there are provisions in the Act that allow for the ordering of an EIA for any proposed activity. Sections Important to Foresters: Section 2: Purpose of the Act Section 43: Director's power to require an environmental assessment Section 44: Initial review by Director Section 48: Terms of Reference Section 49: Contents of an Environmental Impact Assessment (EIA) report Document summary updated January 11, 2010 Reading: Queen's Printer Version 2 (January 2015) 19 of 22 Return To The Beginning

20 Pesticide (Ministerial) Regulation (AR 43/1997) (Environmental Protection and Enhancement Act) With amendments up to and including Alberta Regulation 120/2013 Importance to the Practice of Forestry: Sections Important to Foresters: Reading: Queen's Printer Version 2 (January 2015) 20 of 22 Return To The Beginning

21 Pesticide Sales, Handling, Use and Application Regulation (AR 24/1997) (Environmental Protection and Enhancement Act) With amendments up to and including Alberta Regulation 130/2103 Importance to the Practice of Forestry: Sections Important to Foresters: Reading: Queen's Printer Version 2 (January 2015) 21 of 22 Return To The Beginning

22 Effective May 12, 2010 Environmental Code of Practice for Pesticides This Code of Practice provides specific details regarding the safe handling, use and application of pesticides to ensure environmental protection. Pesticide applicators, pesticide service and pesticide vendors within the Province of Alberta must comply with these requirements. Related to restricted and noxious weeds, the Code does not require authorization to treat weeds. As well, with respect to pesticide application within 30 horizontal metres of an open body of water, special conditions apply to restricted and noxious weeds allowing applications up to 1-5 m of the water based on type of chemical need. Importance to the Practice of Forestry: Sections Important to Foresters: Section 11(2): Forest Management Pesticide Use Section 12(1): Industrial Vegetation Management (roadside, powerline, pipeline, and utility rightsof-way) Reading: Queen's Printer Version 2 (January 2015) 22 of 22 Return To The Beginning