Administrative Guide for Forest Stewardship Plans (FSPs)

Transcription

1 British Columbia Ministry of Forests and Range Resource Tenures and Engineering Branch Forest and Range Practices Act Administrative Guide for Forest Stewardship Plans (FSPs) Volume II Operating Under an Approved FSP Note: This version is current to the Forest and Range Practices Act as of May 31, 2007 (including amendments from 2007 Bill 18) and the Forest Planning and Practices Regulation as of June 1, 2007 (including changes from OIC 88). Version 1.0 October, 2007

2 Disclaimer DISCLAIMER This document contains material to assist forest practitioners operate under an approved Forest Stewardship Plan (FSP) under the Forest and Range Practices Act (FRPA). This document contains both a summary of the legal requirements and advice/suggestions from the non-legal realm. The later are not legal requirements you must follow, nor are they government policy. Warranty While every effort has been made to ensure the accuracy of the information herein, no warranties of any kind are made as to the precision or longevity of the contents. Readers are advised to refer to the wording of the legislation and regulations themselves, and obtain legal advice from their own sources. This information is provided as a public service by the Ministry of Forests and Range. This document and all of the information it contains are provided "as is" without warranty of any kind, whether express or implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly disclaimed. Limitation of Liabilities Under no circumstances will the Government of British Columbia be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damages based on any use of this information or any other document or material to which this document is linked, including, without limitation, any lost profits, business interruption, or loss of programs or information, even if the Government of British Columbia has been specifically advised of the possibility of such damages. Copyright The following policy governs the use of this document and all supporting print, audio and visual files. Copyright 2007, Province of British Columbia. All rights reserved This material is owned by the Government of British Columbia and protected by copyright law. It may not be reproduced or redistributed without the prior written permission of the Province of British Columbia. For requests relating to the reproduction of provincial legislation, permission is subject to the conditions outlined at Permission To request permission to reproduce all or part of the material in this document, please complete the Copyright Permission Request form at Questions or Concerns? For more information, please contact the Intellectual Property Program by: ipp@mail.qp.gov.bc.ca; or fax: (250) Note: This version is current to the Forest and Range Practices Act as of May 31, 2007 (including amendments from 2007 Bill 18) and the Forest Planning and Practices Regulation as of June 1, 2007 (including changes from OIC 88). Version 1.0 October 07 Page i

3 Document Change Control Document Change Control Version Date of Issue Brief Description of Change 1.0 October 15, 2007 Original document formed as an extract of applicable sections from the AGFSP (version 1.06) and supplemented with information created as a result of the Post FSP Workshop in March, 2007 (Operating under an Approved FSP). Version 1.0 October 07 Page ii

4 TABLE OF CONTENTS Table of Contents Glossary of Forestry Terms Part 1 Introduction What is an FSP? What is the Forest and Range Practices Act (FRPA) value regime? FSP Tracking System Expectations for decision-making Plans and Permits under an Approved FSP Introduction Use of professionals Use of peer reviews Culture shift in planning under the FRPA Communications in planning Communications with the Public Communications with First Nations Communications with other licensees Communications with the MFR and other agencies Communications within Licensee Operating Plans Site plans Introduction Developing the site plan Development process Developing a site plan ahead of the approval effective date for the FSP (BCTS) Site plan content requirements Applying results/strategies to the site plan Applying results/strategies if defaults used in the FSP Documenting rationale Signing and sealing the site plan Tools and techniques Incorporating innovation in the site plan Information sharing with First Nations Commitments in FPC site plans Administering the site plan Changes to the site plan Communicating the site plan to practitioners...23 Version 1.0 October 07 Page 3

5 Table of Contents Access to the site plan Declaring areas Introduction Declared areas and section 8 of the FRPA (mandatory amendments) Declaring an area Activities and evaluations that may be done for declared areas Size implications of declared areas Declaring section 196(1) and (2) blocks Reviewing a declared area Administration of declared areas Overlapping declared areas Using declared area information to assist in First Nations consultation Amending the FSP for the declared area Communication of declared areas Tracking declared areas Cutting and Road Permits Preparing an application for a cutting/road permit? Sources of information for preparing the application Appraisal allowances for non-timber FRPA requirements Information sharing with First Nations Using communication to minimize the impact of overlapping FDUs Supporting information for the application More information Issuing a cutting/road permit MFR reviews prior to permit issuance Orders Developing orders Cumulative Impact on timber supply GAR Checklist Working with Orders Amending an Approved FSP Introduction Determining if amendment requires approval Meaning of Material Change in an amendment Amendment wrongly made Developing the amendment Content of an amendment Amending FPC stocking standards Amending FPC blocks in an FSP...39 Version 1.0 October 07 Page 4

6 Table of Contents Signatures on an amendment Mandatory amendments Overview Timeframes for mandatory amendments from government objectives Amendments not requiring approval Declaring an area Changes to a holder or licence Amendments requiring approval Introduction Information sharing with First Nations Reviewing and adjudicating amendments requiring approval Approval of FSP amendments general Timeline for Reviewing/Adjudicating an FSP or amendment FSP amendment review and approval checklists Amendments to multi-district FSPs Tracking FSP amendments Tracking submitted FSP amendments during district review and approval Using the FSP Tracking System to submit and review/adjudicate FSPs and amendments requiring approval Post-approval administration FSP extensions Changes to an extended FSP Protection of areas Protection of areas: moving to the next plan Limited Planning Protection Post-approval non-conformance certification improperly made Exemptions Staying current with changes in legislation Managing values under an approved FSP Managing timber Notification requirements Exemptions from FSPs: incidental harvesting not requiring an FSP Incidental harvesting outside of an FDU not covered by an FSP Managing roads Notification requirements In-stream works permanent access structures Practice requirements for roads associated with an FSP...58 Version 1.0 October 07 Page 5

7 Table of Contents 5.3 Managing visual resources Managing recreation resources Operating under an Approved FSP Transition to FRPA Sources of information Record keeping during transition Communications Information sharing with First Nations in the post-fsp approval phase Due diligence and professional reliance Professional reliance in planning Professional reliance in operations Monitoring Introduction Types of monitoring activities Guidance Material Developing guidance material Using guidance material More information Encouraging Innovation Tracking systems Compliance and Enforcement Planning and Conducting Inspections Communicating the inspection schedule Due diligence activities Sources of information...81 Appendix 1: Exemptions: General Exemptions (including forestry licences to cut that are not major licences)...82 Appendix 2: FSP Amendment checklist Appendix 3: Example an FSP amendment approval letter (if needed) Appendix 3A: Sample FSP Amendment Opportunity to be Heard (OTBH) invitation letter 87 Appendix 3B: Sample FSP amendment rejection letter Version 1.0 October 07 Page 6

8 Table of Contents Appendix 3C: Sample letter to add licensee Appendix 4: Example rationale to support an FSP amendment approval or rejection 90 Appendix 5: Example of a district request for additional information during an FSP amendment review Appendix 6: Summary of Current Legislation on Forest Roads (May 2006) 92 Appendix 7: Consultation with First Nations Post-FSP Approval (Discussion Paper) 106 Appendix 8: GAR Order Checklist Appendix 9: More Information / Useful Websites Appendix 10: How to contact us Tables Table 1: FRPA value matrix Figures Figure 1: FRPA road regime 59 Figure 2: FSP Amendment tracking spreadsheet 50 Version 1.0 October 07 Page 7

9 Abbreviations, Acronyms and Initializations Abbreviations, Acronyms and Initializations AAC allowable annual cut ABCFP Association of BC Forest Professionals BCTS BC Timber Sales CP cutting permits CWS community watershed DDM delegated decision-maker DFO Department of Fisheries and Oceans ECA equivalent clearcut area FDU forest development unit FPCBCA Forest Practices Code of British Columbia Act FPC Forest Practices Code FPPR Forest Planning and Practices Regulation FRPA Forest and Range Practices Act FSP Forest Stewardship Plan FTA Forest Tenure Administration system GAR Government Actions Regulation LRDW Land and Resource Data Warehouse LRMP Land and Resource Management Plan MAL Ministry of Agriculture and Lands MoE Ministry of Environment MFR Ministry of Forests and Range NRFL Non-Replaceable Forest Licence NTFP non-timber forest product OGMA Old Growth Management Area OSBG Objectives set by government RESULTS Reporting Silviculture Updates and Land Status Tracking System RLAD road layout and design RMA riparian management area RMZ riparian management zone RP road permit RPF Registered Professional Forester RPPR Range Planning and Practices Regulation RRZ riparian reserve zone RUP road use permit OTBH Opportunity to be heard s. section SNRFL Salvage Non-Replaceable Forest Licence SUP special-use permit TFL tree farm licence TSA timber supply area TSL timber sale licence Version 1.0 October 07 Page 8

10 Abbreviations, Acronyms and Initializations TSR VQO WAP WCB WL WLPPR Timber Supply Review visual quality objective watershed assessment procedure Workers Compensation Board woodlot licence Woodlot Planning and Practices Regulation Glossary of Forestry Terms A glossary of common forestry terms can be found on the following websites: In addition, each of the various acts and regulations has definitions, for example: definitions in Forest Act can be found at: definitions in the Forest and Range Practices Act can be found at: More information on the term practical can be found in the FRPA Bulletin # 3: Use of the Term "Practicable" under the Forest and Range Practices Act (FRPA) and Regulations - June 10, The Bulletin is available on the PFIT website: Version 1.0 October 07 Page 9

11 About the Guide About the Guide Volume II of the Administrative Guide for FSPs (AGFSP) is designed as a tool to help promote consistent operations, where appropriate, under approved FSPs. This volume brings together information and advice on administering and implementing an approved Forest Stewardship Plan (FSP), for both agreement-holders, including BCTS, who operate under an approved FSP and B.C. Ministry of Forests and Range and other government staff who monitor, enforce and approve amendments to FSPs. Volume I of the AGFSP contains information and advice for the development, review and approval/rejection of an FSP. The AGFSP is intended for reference use. It is structured to give agreement-holders and others the information and guidance they need to complete a stage of a business cycle, in a section-by-section process. For that reason, there is some repetition among sections. Version 1.0 October 07 Page 10

12 Part 1: Introduction 1 Part 1 Introduction 1.1 What is an FSP? Readers should refer to Volume I for information on the definition and role of a Forest Stewardship Plan (FSP) along with the transition from the FPC to FRPA. 1.2 What is the Forest and Range Practices Act (FRPA) value regime? The provincial government has identified a number of resource values (see Table 1) in the legislation (i.e., sections 3 to 5 of the Forest Practices Code, dealing with higher-level plans) to which government may assign objectives. This is the FRPA value regime. Agreement-holders operating under an approved FSP are responsible for recognizing and managing, conversing and/or protecting the FRPA resource values identified in the legislation for which the Lieutenant-Governor-in-Council may make regulations prescribing objectives: soils, visual quality, timber, forage and associated plant communities, water, fish, wildlife, biodiversity, recreation resources, cultural heritage resources, and resource features. Volume I of the AGFSP contains the FRPA Value Matrix (Table 1) illustrating the parts of the legislation that apply to the different FRPA resource values. The table below contains an extract of the FRAP Value Matrix covering practice requirements that must be met when operating under an approved FSP. Version 1.0 October 07 Page 11

13 Part 1: Introduction Updated June, 2006 Table 1: FRPA value matrix (practice requirements extract) The table below is an extract of the FRPA value table showing the practice requirements that apply to the different values in the FRPA model. Unless otherwise noted, references are to sections (s.) in the Forest Planning and Practices Regulation (FPPR) dated March 18, (Table updated May 31, 2006.) Abbreviations: CWS community watershed FPC Forest Practices Code FSP Forest Stewardship Plan GAR Government Actions Regulation MAL Ministry of Agriculture and Lands MoE Ministry of Environment OSBG objectives set by government PAS Permanent Access Structures RMA riparian management area RMZ riparian management zone RRZ riparian reserve zone UTO undertake to comply VQOs visual quality objectives Value Soils Practices requirements with no ability for FSP to propose alternative 37: Must not cause landslides 38: Must not cause gully processes 39: Must maintain natural surface drainage 40: Must revegetate soils None Provisions for exemption Timber Riparian areas Fisheriessensitive watersheds Community watersheds Water 41: Must destroy brood if concentrated 42: Use of livestock 43: Must comply with chief forester standards or alternative for use of seed; must keep records of seed use 44(1) and (2): Must establish a stand 54: Fan destabilization 55: Stream crossings 56: Fish passage 57: Protection of fish habitat 58: Use of livestock in riparian areas See Water 58: Use of livestock in riparian areas 60(1): Licensed waterworks 62: Roads in a CWS 63: Use of fertilizers 54: Fan destabilization 60(1): Licensed waterworks 62(2): Roads in a CWS if spring identified 63: Fertilizer in a CWS 12(8) Exempted from FSP having to provide results/strategies for timber objective 91(1): Exemption 44(3): Exempt from 29 Act 91(1) Exemptions apply in certain circumstances 91(1)(a)(ii) 91(1)(a)(ii) 55-57, 59-63: Minister may grant exemptions to some practice requirements 91(1): Exemptions apply in certain circumstances Biodiversity 68: Must retain coarse woody debris. 91(1): Exemption for s 68 coarse woody debris 91(4): Exemption for s. 67 restrictions on harvest of wildlife trees General Wildlife Measures 70(2): Must ensure primary forest activity does not damage, etc. 92(2): MoE exemption Visual Quality N/A N/A Cultural 91(2): Exemptions may apply to minor tenures heritage resources Recreation 58: Minister may restrict or prohibit both non- and recreational use Version 1.0 October 07 Page 12

14 Part 1: Introduction Value Resource features Wildlife habitat features Scenic areas and VQOs Invasive plants and natural range barriers Practices requirements with no ability for FSP to propose alternative 70: Must ensure that the activity does not damage or render ineffective a resource feature 70(2): Must ensure that the activity does not damage or render ineffective a wildlife habitat feature N/A N/A Provisions for exemption 91(5): Exemption 92(2): MoE exemptions N/A N/A 1.3 FSP Tracking System Licensees, BCTS and government all report benefits of using the FSP Tracking System to submit, view and store FSPs in a central, web-based repository. The FSP Tracking System helps licensees, BCTS and government identify the most recent documents, changes to the plan via an audit trail as well as the ability to submit and track amendments to the approved plan. The ability to submit stocking standards and FDU boundaries for use in RESULTS and the LRDW have been noted as additional benefits of the application. An overview of the FSP Tracking System can be found in section 1.4 FSP Tracking System in the AGFSP (Volume 1: Preparation and Approval of an FSP). Training and support for using the FSP Tracking System application is available on the FSP website at: Additional information on procedures and standards for using the FSP Tracking System can be found in user guides available on the FSP website listed above. There are user guides available for each of the major business processes supported by the FSP Tracking System. 1.4 Expectations for decision-making A discussion paper titled The Expectations that Affect the Management of Public Forest and Range Lands in British Columbia: Looking Outside the Legislation, contains information on the legal and non-legal expectations for forest and range management in BC. The discussion paper aims to trigger the necessary dialogue between tenure holders, government officials and professionals to help gain a common understanding of the expectations in each of the components that influence decisions on managing Crown land and resources. The discussion paper was prepared for the Ministry of Forests and Range and the Ministry of Environment by Roberta Reader (February, 2006). A copy of the paper can Version 1.0 October 07 Page 13

15 Part 1: Introduction be obtained from the PFIT website at: Version 1.0 October 07 Page 14

16 Part 2: Plans and Permits under an Approved FSP 2 Plans and Permits under an Approved FSP 2.1 Introduction Use of professionals Section 6.3 (Due diligence and professional reliance) of this Guide contains information and examples of the use of professionals in operational planning Use of peer reviews The use of peer reviews in the development of the permit application is a licensee s responsibility both from a company and professional perspective. This can be achieved through a licensee SOP or via professional reliance, etc. For example one licensee has developed a guidance document that spells out responsibilities of the employer and professionals in planning. Regarding documents submitted, it is up to the professional at the company to consider risk as a measure to determine which documents should be peer reviewed or not or if other professionals with specialised expertise should be involved Culture shift in planning under the FRPA There is a culture shift to operating under an approved FSP. We are still defining what it means and involves. Communications and relationships are key. Licensees and government should be continually dialoguing to address issues/difficulties. This will require continuous reinforcement, workshops, etc. Good communication skills are fundamental (e.g., using the right medium , letter, phone call) to discuss and resolve issues. People are starting to understand the difference in roles under FRPA between government and industry. Communication helps. This will take time to fully shift to a results-based regime and will be a common topic for years to come. Culture shift workshops to assist everyone understand their roles in the FRPA world (including operating under an approved FSP) have been conducted in the regions and are starting to be used in the districts. Professionals are encouraged to contact the Association of BC Forest Professionals (ABCFP) if they have any questions or require assistance in getting the necessary dialogue started. Guidance is available on the ABCFP website at: Version 1.0 October 07 Page 15

17 Part 2: Plans and Permits under an Approved FSP 2.2 Communications in planning One of the key goals of communications is to build the necessary trust and relationships with your major stakeholders and partners Public, First Nations, other licensees and the MFR and other agencies. Licensees, BCTS and government have all reported the benefits of early and on-going communication between all stakeholders involved in managing Crown land and resources. Several licensees have reported developing tools to aid in the ongoing communications effort. This includes establishing formal communications methods such as memorandums of understanding between stakeholders for sharing information. BCTS has developed a system to plan and track communication activities with other tenure holders, stakeholders and the public Communications with the Public Based on the number of people reviewing and commenting on FSPs, and the comments received, it is clear that many members of the Public do not understand FRPA. It is important for both industry and government to take the time and ensure the Public understands the legal requirements in FRPA as well as the Public s role in the stewardship of Crown land. One licensee has reported that taking the time to explain FRPA and FSPs has helped members of the Public become engaged in their access management planning. There is also a responsibility on the part of the Public to understand their role in the FRPA world and make the effort to fulfill that role (e.g., review and comment on FSPs). A brochure titled Be Heard: Get Involved in Forest Stewardship Review is available on the FRPA website at: Communications with First Nations Information sharing sessions with First Nations is helping to build trust with First Nations groups. As experience builds, many tools and templates are becoming available for others to use. The requirements have not changed from the Code to FRPA world. If they have not already done so, licensees and the government should establish protocol agreements or MOUs with First Nations groups setting expectations for the communications that will occur in the post approval operational planning activities including the types of information to share and/or consult on and the process for sharing/consulting. Several licensees and MFR districts are giving their staff training in working with First Nations groups and encouraging their staff to meet with First Nations groups to explain their plans and activities. This includes showing where they plan to harvest, areas that Version 1.0 October 07 Page 16

18 Part 2: Plans and Permits under an Approved FSP must be harvested due to issues such as Mountain Pine Beetle and areas that won t be harvested covering both the short term and longer term harvesting activities Communications with other licensees Communicating with other licensees operating in your area is important in terms of the potential to share information, ideas and resources as well as avoiding any issues on the ground. Communication should address: achieving non-spatial results and strategies where more than one licensee is operating on the landscape; mechanisms to identify and adjudicate disagreements over any issue on the ground that may impact others; and sharing of information and resources that may avoid unnecessary duplication of effort. Working together at the block level and referring FSPs to each other can identify efficiencies and minimize issues in planning and operations Communications with the MFR and other agencies One of the key activities for communicating with Government is for licensees to explain their activities and how the results and strategies in an approved FSP apply on the ground. The relationship between the Licensee and the MFR is key the licensees need to understand what will make the District Manager comfortable that the licensee is going to do a good job in successfully meeting their commitments. It is also important to have an open and ongoing dialogue between the MFR and licensee to enable them to work together to address issues that arise when implementing the approved FSP Communications within Licensee One of the most important jobs of the planning forester is to explain the intent and commitments in their FSP to the practitioners who will be implementing the plan. Planning foresters should take the time to explain their plan and be ready to respond to any questions on the plan from the practices foresters, Public, C&E personnel, etc. 2.3 Operating Plans An example of a licensee developing operating plans is BCTS who are using operating plans to: o address due diligence; o identify expectations for communicating with Public, First Nations and other stakeholders; and o establish processes for transferring FSP commitments to blocks/roads. Version 1.0 October 07 Page 17

19 Part 2: Plans and Permits under an Approved FSP BCTS is using a provincial template as well as a module in the Genus application to support personnel develop operating plans. The template contains: o Text 1-2 pages summary of contents, comments, referrals; o Tables listing blocks and roads, results and strategies to apply to the block/road, assessments and other activities to undertake, other commitments to meet, planned communications activities and due diligence checklists; and o Maps to facilitate operations and communications such as operating plan reports, resource feature maps and other operational maps. Maps at a scale of 1:20,000 are typically prepared for purposes of information sharing and referrals. BCTS s recommended process for developing an operating plan includes: o Overlaying results/strategies to blocks and roads; o Identifying and tracking activities; o Assigning blocks and roads to the operating plan; o Identifying and tracking assessments as well as the tracking the implementation of any recommendations for practices; o Identifying any communications requirements through the overlay of blocks and roads with maps of known stakeholders (e.g., First Nations, licensees, other licensed stakeholders and interested parties); and o Conducting information sharing and referrals including tracking comments, identifying action items and responsibilities as well as reporting on any commitments resulting from referrals (both legal and non-legal commitments). Plans are often posted on websites to aid in the communication and ability of other stakeholders to view the plan at their convenience. 2.4 Site plans Introduction The site plan is a legal requirement under FRPA that shows how the obligations in an approved FSP apply to the site. The site plan is mandatory requirement for all roads and cut blocks under an approved FSP. The site plan does not require government approval but is a good process and tool to demonstrate due diligence in the agreement holders development efforts. It should have a clear link to the obligations set out in the approved FSP as well as containing additional information to assist the licensee implement their results, strategies and measures and other operational requirements. The site plan has many operational uses including: o planning and development of sites by agreement holder personnel; o document to support cutting and road permit applications; o internal communications within agreement holder personnel on the plans for a specific site; o communications to external stakeholders such as First Nations, MFR, etc.; and o risk assessment by compliance and enforcement personnel and the Forest & Range Evaluation Program (FREP). Version 1.0 October 07 Page 18

20 Part 2: Plans and Permits under an Approved FSP Several licensees have reported some challenges with developing a site plan for a road. These challenges have been addressed by having the professional engineer(s) take responsibility for developing the plan including defining the conditions when assessments are required and signing the final document Developing the site plan Development process It is the licensee s responsibility to ensure completeness in the site plan development process. There are various ways to ensure the site plan complies with legislative and professional standards applicable to the site and approved FSP. For example one licensee has professionals writing site plans and then reviewing it with the developers of the FSP to see if they are interpreting the results and/or strategies correctly. Site plans reviewed by other company professionals (who also write site plans) will also help to ensure consistency with professional standards. Site plans are not included in the definition of operational plans, and are not approved by government, so those plans are also not subject to notification or review and comment requirements. When developing the site plan, licensees should focus on being concise use an approach of trying to explain in a few lines rather than writing a book. The length of the site plan depends on the risk to FRPA values if a large risk to a value, more information should be analyzed and provided. If there is a small risk, then less information is necessary. Ensure you document the obligations in the FSP (e.g., assessments conducted, and their findings, if part of an obligation in a result/strategy in the approved FSP) Developing a site plan ahead of the approval effective date for the FSP (BCTS) The development of site plans before the date the FSP becomes effective is a risk management decision by the plan preparer. Is it essential to know the content of the FSP as well as the level of detail needed in the site plan (if available) Site plan content requirements There are very basic legal requirements for a site plan. These content requirements are listed in section 10 of the FRPA and section 34 of the FPPR. The site plan needs to reflect the version of the FSP that is currently applicable for the starting date of the harvest authority that is being applied for. Version 1.0 October 07 Page 19

21 Part 2: Plans and Permits under an Approved FSP Non-legal requirements for a site plan are the agreement holder s responsibility to determine based on their unique situation. The site plan must contain a balance of information to demonstrate consistency with the FSP while providing for professional reliance and the flexibility for professionals to adapt to site specific situations. Information and guidance on site plan requirements for a FRPA section 196 block can be found in the following FRPA bulletins available on the PFIT website at: o FRPA General Bulletin # 7 - Interpreting Section 196 of the Forest and Range Practices Act for major Licences and BC Timber Sales; and o FRPA General Bulletin #13 (Transition Guidance for Licensees Making Cutting Permit and Road Permit Applications). An example of a FRPA site plan can be found in the enclosed pdf document. bat Docu FRPA Site Plan Example (BCTS template) Applying results/strategies to the site plan The most significant change between site plans under the Code and under FRPA is the description of how, not which, results and/or strategies in the approved FSP apply to the site. It is the responsibility of the agreement holder and role of the professional to determine how to reflect/apply the results and/or strategies in an approved FSP to the site plan. Examples of how some licensees have applied results and strategies in an approved FSP to a site plan include the following: Results and strategies consistent with the FRPA section 7 notice for Marbled Murrelet (species at risk): Staff training practitioners were given explanations of the overall requirements in the FSP and details on the specific results and strategies in the plan. Additional training was delivered on Species at Risk; Field guides were developed describing how to identify nests and other habitat of Species at Risk in the plan area; Assessments were conducted to identify Species at Risk in the plan area (using the field guides) and determine how much to protect vs. log on a specific Forest Development Unit. This information was transferred to the site plan (e.g., where to harvest); and Systems were established to track the depletion of habitat for Species at Risk to ensure notice and FSP requirements were being complied with. Version 1.0 October 07 Page 20

22 Part 2: Plans and Permits under an Approved FSP strategies for Cultural Heritage Resources objectives: annual meeting the licensee committed to meeting with First Nations on an annual basis to share information on proposed activities. The process starts with the Licensee sending a letter to the First Nations group asking for a meeting to determine if any known resource values exist in the area of proposed developments. The letter includes a map showing the proposed developments. A copy of the letter is sent to the MFR asking if they (MFR) have any information. At the meeting, the First Nations may ask for additional information some of which the licensee cannot provide due to a variety of reasons; and Maintain database of known cultural heritage resources. The licensee will enter and store any information gathered into a database to be used in future planning activities. The database will grow over time as future sessions are held with First Nations groups Applying results/strategies if defaults used in the FSP How much detail should the site plan contain if the FSP accepts the defaults for results and/or strategies? One licensee working in this situation suggests the detail will depend how the result/strategy was crafted. For example, for the community watershed objective, their particular strategy related to how close they were to the Equivalent Clearcut Area (ECA) CWAP threshold for the watershed (e.g., guidance has been crafted along the lines of if ECA within 5% ECA threshold from the CWAP the following will happen ). However, this is premised by the fact that the professional signing the site plan knows what the current ECA is for the watershed Documenting rationale A rationale in the site plan is not necessarily needed but there may be a business case to provide supporting documentation, for example where there is a threshold value for a species such as Marbled Murrelets. You may need that supporting documentation to determine compliance with the threshold levels, etc Signing and sealing the site plan Professionals are required to sign/seal professional documents. A site plan for a cut block and/or road falls into the type of document that a professional must sign/seal Tools and techniques Tools and techniques to assist the development of site plans include the following: utilizing communities of practice for site planning as a tool to develop and expand on the availability of guidance in this area; conducting group collaborative planning collaborating with other licensees and professionals in the development of site plans. This will enable better coordination of activities and resources. This includes pooling of resources (i.e., FIA) to coordinate investments; Version 1.0 October 07 Page 21

23 Part 2: Plans and Permits under an Approved FSP Increased use of professionals, documentation of rationale and peer reviews to increase the quality of the plans; Tracking and referencing site plans to corresponding versions of the legislation and FSP; Setting internal standards higher than the legal defaults and practice requirements in FPPR (e.g., aim to beat the legal practice requirements); Looking for more innovation to provide operational flexibility, reduced costs and/or faster regeneration of sites; and Spending time to ensure the practitioners and field staff implementing the site plan understand the plan and how to implement on the ground Incorporating innovation in the site plan You can be as innovative as much as you want as long as you are not inconsistent with the approved FSP. If you want to go outside the FSP, then an amendment to the FSP may be needed if you would then be inconsistent with any approved results or strategies in the FSP Information sharing with First Nations There are no legal requirements for information sharing when developing a site plan. However, there are many benefits to involving First Nations during the development of site plans. These benefits include: providing opportunities for first nations to provide feedback and information on the area; sharing of planning information with first nations; relationship building; and the potential to streamline the cutting authority processing. Examples of the types and format of information and maps to use in sharing the information in a site plan with First Nations are provided on the MFR s Aboriginal Affairs Branch website at Commitments in FPC site plans Information and guidance on addressing commitments in FPC site plans during the transition to the FRPA world is provided in the following FRPA bulletins available on the PFIT website at: FRPA General Bulletin # 7 - Interpreting Section 196 of the Forest and Range Practices Act for major Licences and BC Timber Sales; and FRPA General Bulletin #13 (Transition Guidance for Licensees Making Cutting Permit and Road Permit Applications). Version 1.0 October 07 Page 22

24 Part 2: Plans and Permits under an Approved FSP Administering the site plan Changes to the site plan Site plans should be consistent with the most current version of the FSP and/or changed when site conditions or plans change. Any changes to the site plan need to be made such that the site plan remains consistent with the approved FSP. This should be a function of internal controls within the licensee s structure and a professional reliance requirement to keep the site plan current Communicating the site plan to practitioners The licensee should ensure their staff are up to speed on the obligations in the approved FSP and the plans outlined in the site plan (e.g., communications between planners and practitioners). Although this is a licensee s decision, various communications options exist--including: on the ground training of field staff both at the professional and technical levels; use of operating policies and procedures; and simplified user instructions for some technical specifications. One licensee has held workshops for all managers and professionals, given by crafters of the FSP, to explain how results/strategies apply on the ground. An internal company developed a guidance document to help explain FRPA, FPPR and Results/Strategies. This document is posted on the company s internal intranet site for easy access by all personnel Access to the site plan Access to the site plan by others external to the Licensee should be at the company office. It is not expected that every site plan will end up in the MFR office. This should be the exception vs. the rule. There is no intent to require the site plan to be submitted with the harvest authority permit application. MFR personnel can screen the permit application for issues related to FRPA values and then follow up with the site plan if necessary. 2.5 Declaring areas Introduction FRPA carries forward the concept of full planning protection where an agreement holder has made stand level investments with the concept of a declared area. The provisions and requirements for declared areas are covered under section 14(4) of the FPPR, which states that: A person who prepares an FSP may identify an area as a declared area if, on the date that the area is identified, both of the following apply: the area is located in an FDU that is in effect, and Version 1.0 October 07 Page 23

25 Part 2: Plans and Permits under an Approved FSP all of the activities and evaluations that are necessary in relation to inclusion of cutblocks and roads in the area have been completed. Note that both of the provisions must be in place before an area can be declared. Licensees/BCTS with approved FSPs report that declaring areas is an option worth pursing. The ability to lock down and protect their investment in preparing a site for harvesting is invaluable. A declared area offers full planning protection to areas within an FDU, which means that these areas are not subject to mandatory amendments under section 8 of the FRPA (see section 3.3 Mandatory amendments of this Guide). This gives an inventory of areas from which an agreement holder can pick and choose proposed cutblocks and roads when applying for a harvest authority. An area having declared status does not have any legal rights beyond the planning protection provisions. Harvest rights are only conferred though the license agreements and generally exercised with the issuance of a cutting permit (CP), road permit (RP) or Timber Sale License (TSL). Declared areas should also serve as information to other agreement-holders operating in the same area, especially if FDUs overlap and some planning work has already been completed by the other agreement-holders in that particular area. Generally, cutting permits and road permits are issued on a first-come basis. Even if there has been some planning work carried out by an agreement-holder, unless a cutting or road permit has been issued, there is nothing stopping another agreement-holder whose FDU overlaps the area from applying and receiving a cutting or road permit for that area. Cutting and road permits can be issued on areas that have not been amended into the plan as declared areas Declared areas and section 8 of the FRPA (mandatory amendments) For the purposes of section 19(2)(c) of the FRPA, under section 32.1 of the FPPR, if a declared area is identified in an FSP for the period of that plan, it is exempt from the requirements for mandatory amendments, per section 8 of the FRPA Declaring an area An approved FSP must be in place before you can declare areas, however a declared area does not need to be in place prior to issuing a CP, RP or TSL. Areas that meet the declared area definition are amended into the FSP and do not require Delegated Decision Maker (DDM) approval in doing so. Declared areas come into effect on the date the plan is amended and a copy is provided to the DDM Activities and evaluations that may be done for declared areas Version 1.0 October 07 Page 24

26 Part 2: Plans and Permits under an Approved FSP All the necessary stand level activities and evaluations must be completed before declaring an area (i.e., those necessary to complete final block layout). The list of assessments previously required under the FPC (including, stand level assessments as outlined under Sections 16, 17, 36.1 and 37 of the OSPR), may form the baseline of the activities and evaluations required. The agreement holder must have completed the appropriate activities and evaluations prior to submitting an amendment as conforming to the requirements of section 14(4) of the FPPR for a declared area. Clearly the onus and responsibility to ensure the appropriate field work has been completed rests with the professional(s) who are preparing the amendment. What might constitute all the activities and evaluations necessary may vary across the province based on the complexity of the area (e.g., in the Cariboo where there are large contiguous areas of lodgepole pine (PL), a certain level of work would need to be carried out verses a different level of work may constitute the amount necessary in a community watershed) Size implications of declared areas There are no legislated size limits on FDUs or declared areas. However, the size of declared areas may be limited by results and strategies in the FSP. The decision by the agreement holder or professionals on the types and level of activities and evaluations required may provide a size cap based on the costs of completing the work. Other than this point, if the agreement holder wants to make this investment there is no legislative restrictions that prevents them from doing this. A small FDU could conceivably be a declared area but generally FDUs were thought to be landscape level scale oriented verses the declared area which were envisioned to be stand level orientated Declaring section 196(1) and (2) blocks Section 196(1) areas (Category A blocks with all required assessments complete) carried over from a Forest Development Plan (FDP) are likely eligible to be declared areas in the first FSP. If an area is designated as a declared area in an FSP, including the carry-over areas in a first FSP (there is no specific designation in legislation covering the first FSP carry-over situation) it will then be afforded the associated planning protection per section 7(1)(b) of the Act. To do this, the agreement-holder must still go through the amendment process, once the first FSP has been approved. Section 196(2) areas may not be amended into the FSP as declared areas until all of the assessment work required under section 14(4) of the FPPR has been completed. See Section 4.2 (Protection of areas) of this Guide for more information on planning protection associated with section 196 areas. Version 1.0 October 07 Page 25

27 Part 2: Plans and Permits under an Approved FSP Additional information and guidance on declaring section 196(1) and (2) blocks is provided in the following FRPA bulletins available on the PFIT website at: FRPA Administration Bulletin # 2 - Administration of Declared Areas under Section 14 of the Forest Planning and Practices Regulation; and FRPA General Bulletin # 7 - Interpreting Section 196 of the Forest and Range Practices Act for major Licences and BC Timber Sales. The new FRPA General Bulletin #13 (Transition Guidance for Licensees Making Cutting Permit and Road Permit Applications) also touches on declared areas (as well as the BCTS version of Bulletin #13 which is currently under development) Reviewing a declared area A discussion at the Provincial FRPA Implementation Team (PFIT) meeting in April 2007 concluded that there should not be any formal review of the assessments at the time they are either identified as a section 196(1) cutblock or road or identified as a declared area. If necessary, the assessments will be reviewed in the course of a Compliance and Enforcement investigation Administration of declared areas Overlapping declared areas Overlapping declared areas are not an issue. No rights to the timber in these declared areas are granted until either a cutting permit or road permit (harvest authority) is issued. If two or more agreement holders choose to independently invest in the required assessments, that is a business decision they can make, unrestricted by FRPA. Generally, declared areas are not restricted to a cutblock but could be larger to facilitate operational flexibility. The substantive issue lies with who gets the harvest authority. Harvesting rights are conferred when cutting permits and road permits are issued. Subject to the licence agreement, and any restrictions in the applicable FSP, then the first agreement holder who applies for the harvest authority should get the harvesting rights to the timber. Even if there has been some planning work carried out by an agreement holder, unless a cutting or road permit has been issued there is nothing stopping another agreement holder whose FDU overlaps the area from applying and receiving a cutting or road permit for that area. Discussions and interactions between agreement holders should be encouraged throughout all phases of FSP planning, approval and post approval implementation. Venues such as TSA committee meetings or local FRPA Implementation Teams can also play an important role in information transfer amongst agreement holders operating in the same areas. Having a standing agenda item at these forums can provide for information sharing, and assist in minimising potential operational planning issues. Any current or Version 1.0 October 07 Page 26