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Coast Region Implementation Team FRPA Results or Strategies Workshop

Coast Region Implementation Team FRPA Results or Strategies Workshop. Introduction. Goal for the day To have submitted FSP Results and Strategies recommended for approval prior to December 31, 2006. Objectives:

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Coast Region Implementation Team FRPA Results or Strategies Workshop

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  1. Coast Region Implementation TeamFRPA Results or Strategies Workshop Introduction CRIT FRPA Results or Strategies Workshop - May 18, 2006

  2. Goal for the day To have submitted FSP Results and Strategies recommended for approval prior to December 31, 2006. CRIT FRPA Results or Strategies Workshop - May 18, 2006

  3. Objectives: • For all those involved with developing or reviewing FSP Results and Strategies to have a common understanding of the issues and possible resolutions • Provide an opportunity for open dialogue • Foresters to have a better understanding of their respective roles under FRPA CRIT FRPA Results or Strategies Workshop - May 18, 2006

  4. Message from CRITCo-Chairs CRIT FRPA Results or Strategies Workshop - May 18, 2006

  5. APPROVAL TIMELINES June 12, 2006 (Start of 60 day R/C period) August 14, 2006 (End of R/C period) (14 day period to revise plan) August 28, 2006 (Submit FSP for Approval) October 30, 2006 Approval (+/-60 days) or November 27, 2006 Approval (If +/-90 days) CRIT FRPA Results or Strategies Workshop - May 18, 2006

  6. Review of Legal Tests CRIT FRPA Results or Strategies Workshop - May 18, 2006

  7. Result or Strategy Legal Tests 1. Is the objective identified? 2. Does the result or strategy address objectives in effect 4 months before FSP was submitted? 3. Has an exemption to prepare a result or strategy been granted? 4. If a result, does it describe 1) a measureable or verifiable outcome and 2) the situations and circumstances? CRIT FRPA Results or Strategies Workshop - May 18, 2006

  8. Result or Strategy Legal Tests 5. If a strategy, does it describe 1) a measureable or verifiable steps or practices that will be carried out, and 2) the situations and circumstances? 6. Is the result or strategy consistent with objectives? CRIT FRPA Results or Strategies Workshop - May 18, 2006

  9. Result or Strategy Legal Tests 7. Has an exemption to be consistent with a pre-FRPA HLP been granted? 8. Is the intended result or strategy consistent with the objective to the extent practicable? 9. Have proportional targets been set for one or more objectives? CRIT FRPA Results or Strategies Workshop - May 18, 2006

  10. Result or Strategy Legal Tests 10. Has the minister responsible for the Wildlife Act given notice triggering the wildlife habitat objective? 11. Does the FSP specify in it a result or strategy that addresses retention of trees in a riparian management zone? 12. Does the FSP include a result or strategy that has been certified? 13. Does the intended result or strategies restate the objective as measurable or verifiable steps, practices or outcomes? CRIT FRPA Results or Strategies Workshop - May 18, 2006

  11. Panel Introductions CRIT FRPA Results or Strategies Workshop - May 18, 2006

  12. Panel Introductions • Laura Richardson – Operations Manager, South Island Forest District Port Alberni. Has been involved with review of Arrowsmith TSA Muli-licensee FSP. • Bob Craven – Manager Forestry Operations, International Forest Products Limited, Campbell River and President ABCFP. Has been coordinating development of Intefor’s FSPs. • Lucy Stad - Stewardship Forester, Chilliwack Forest District. Lead reviewer on the Lakeside Pacific FSP (the first FSP approved in this region). • Laurie McCulligh - Planning Forester, BC Timber Sales, Strait of Georgia Business Area, Campbell River. Has been leading development of DSI West Coast FSP. CRIT FRPA Results or Strategies Workshop - May 18, 2006

  13. Themes CRIT FRPA Results or Strategies Workshop - May 18, 2006

  14. Theme #1: “The Words”Example 1 Objective - VILUP Sustain forest ecosystem structure and function in SMZs by: Applying a variety of silvicultural systems, patch sizes and patch shapes across the zone, subject to a maximum cutblock size of 5 ha if clearcut, clearcut with reserves or seed tree silvicultural systems are applied, and 40 ha if shelterwood, selection or retention silvicultural systems are applied. CRIT FRPA Results or Strategies Workshop - May 18, 2006

  15. Theme #1: “The Words”Example 1 Result or Strategy • … if the Holder(s) of this FSP harvests a cutblockin the area of SMZ xyz, the Holder(s) of this FSP will: • a) Apply a variety of patch sizes and shapes across the SMZ; • b) Where shelterwood, selection, retention, or similar silvicultural systems are applied: • i) Apply varying levels of retention within the cutblockboundaries; and • ii) Design openingsto have a net area to be reforested of 40 hectares or less. • c) Where clear-cut, clearcut with reserves, or seed tree silvicultural systems are applied: • i) Design openings to have a net area to be reforested of 5 hectares or less. CRIT FRPA Results or Strategies Workshop - May 18, 2006

  16. Theme #1: “The Words”Example 2 Objective – Old Growth Objective To contribute to the conservation of biodiversity, licensees must maintain old forest by biogeoclimatic variant within each landscape unit according to the age of old forest and the percentage of old forest retention that is specified in Tables 1 through 4 and the assignment of Natural Disturbance Types outlined in Appendix 3, and subject to provisions 5 through 9 below. CRIT FRPA Results or Strategies Workshop - May 18, 2006

  17. Theme #1: “The Words”Example 2 Result or Strategy - Modifier to R/S 1. If the Holder(s) of this FSP constructs a road or harvests a cutblock in the areas to which the Order Establishing Provincial Non-spatial Old Growth Objectives (the Order) applies, the Holder(s) of this FSP will… 2. To the extent that the forest identified under subsection (1) is insufficient to meet the retention targets, the Holder(s) of this FSP will… 3. FSP Holder(s) may identify interim draft OGMAs to replace areas where road construction or cutblock harvesting is proposed for old forest in the non-contributing land base and in a biogeoclimatic variant in which a shortfall exists. CRIT FRPA Results or Strategies Workshop - May 18, 2006

  18. Theme #1: “The Words”Example 3 Result or Strategy – Qualifier to R/S 1) Subsections (1), (2), and (3) apply; a) to the portions of the Landscape Units listed in Table xyz which fall under this FSP; b) to the extent of the retention targets, any identified shortfall, and to the extent possible by LU and biogeoclimatic variant; and c) to the extent of the Order… CRIT FRPA Results or Strategies Workshop - May 18, 2006

  19. Theme #1: “The Words”Example 4 Objective - Objective set by government or cultural heritage resources The objective set by government for cultural heritage resources is to conserve, or, if necessary, protect cultural heritage resources that are a) the focus of a traditional use by an aboriginal people that is of continuing importance to that people, and b) not regulated under the Heritage Conservation Act CRIT FRPA Results or Strategies Workshop - May 18, 2006

  20. Theme #1: “The Words”Example 4 Result or Strategy – Cultural Heritage Resources 1. Each Holder of this FSP will, when constructing a road or harvesting a cutblock under this FSP, do so in a manner consistent with …: CRIT FRPA Results or Strategies Workshop - May 18, 2006

  21. Theme #1: “The Words”Example 5 Objective - Objective set by government or cultural heritage resources (shown previously) Result or Strategy – Cultural Heritage Resources 1. Each Holder of this FSP will, when constructing a road or harvesting a cutblock under this FSP, do so in a manner consistent with: a) conserving or if necessary, protecting cultural heritage resources that are: i) Referred to in S. 10 of the Forest Planning and Practices Regulation, …. (Refer to Handout) CRIT FRPA Results or Strategies Workshop - May 18, 2006

  22. Theme #1: “The Words”Example 5 ….. 6. For the purposes of this result/strategy: a) “Object” means personal property, or a similar tangible item; b) “Site” means land, including land covered by water; c) “Potential Cultural Heritage Resource” means an object, a site, or the location of a traditional societal practice that is of historical, cultural or archaeological significance to British Columbia, a community, or an aboriginal people, that has not been confirmed by government in consultation; d) “Qualifying Criteria” means the criteria in subsection (1)(a)(i) through (v), (1)(b) and (1)(c) (except that under (1)(a)(v)(1) and (2)); and e) “Consultation” refers to the legal obligations in respect of aboriginal rights that rest with the Crown. CRIT FRPA Results or Strategies Workshop - May 18, 2006

  23. Theme #1: “The Words”Example 5 Addition Panel Discussion Points CRIT FRPA Results or Strategies Workshop - May 18, 2006

  24. Theme 1 “The Words” - Key Messages Ø Pay attention to “The Words” Ø Be clear what is intended by the commitment Ø Use definitions to clarify meaning and supporting documentation to “tell the story” commensurate with risk Ø Avoid “wordsmithing” Ø Use clear and commonly understood word CRIT FRPA Results or Strategies Workshop - May 18, 2006

  25. Theme #2: “Clarity and Linkages” Example 1 Objective – Objective set by government FPPR sections 5, 7, 8, 8.1, 8.2, 9, 9.1 …without unduly reducing the supply of timber from British Columbia's forests… CRIT FRPA Results or Strategies Workshop - May 18, 2006

  26. Theme #2: “Clarity and Linkages” Example 1 Result or Strategy – Without Unduly Reducing the Supply of Timber The objectives for specific non-timber resources (FPPR S. 5, 7, 8, 8.1, 8.2, 9 and 9.1) include the integral provision “without unduly reducing the supply of timber”, and results and strategies in this FSP must be consistent with that aspect of the objective. 1) A result or strategy specified in FSP section x will be applied by the Holder(s) of this FSP to the extent that the effect of achieving the result(s) or strategy(ies) will not reduce the Timber Harvesting Land Base within the xyz Timber Supply Area …(Refer to Handout) CRIT FRPA Results or Strategies Workshop - May 18, 2006

  27. Theme #2: “Clarity and Linkages” Example 1 Result or Strategy – Without Unduly Reducing the Supply of Timber (Cont’d) 2) FSP Holder(s) will propose modification of one or a combination of the results or strategies specified in FSP S. 1.6.2.1, 1.6.2.2, 1.6.2.3, 1.6.2.4, 1.6.2.5, or 1.6.2.6, in consultation with the appropriate government agencies. The mitigation measures will propose relaxation of one or a combination of those results or strategies to the extent necessary to maintain short and long term timber flows. 3) Identified mitigation measures will be brought forward in consideration of an extension or renewal of this plan or as part of an amendment application to the Delegated Decision Maker requesting a balancing of objectives under FPPR S. 27, proposing modifications to one or a combination of results or strategies for the purposes of managing non-timber values. CRIT FRPA Results or Strategies Workshop - May 18, 2006

  28. Theme #2: “Clarity and Linkages” Example 2 Objective – Objective set by government for wildlife The objective set by government for wildlife is, 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 the survival of species at risk. (Notice –Indicators of the Amount, Distribution and Attributes of Wildlife Habitat Required for the Survival of Species at Risk in the xyz Forest District dated …) CRIT FRPA Results or Strategies Workshop - May 18, 2006

  29. Theme #2: “Clarity and Linkages” Example 2 Result or Strategy – Coastal Tailed Frog 1. Subject to sections 3 to 5 the Holder will not harvest timber in an area within the FDU that: a. is subject to a Notice; b. meets the Notice Criteria; and c. is spatially defined as a Tailed Frog Management Area located on the FSP Map. CRIT FRPA Results or Strategies Workshop - May 18, 2006

  30. Theme #2: “Clarity and Linkages” Example 2 Result or Strategy – Coastal Tailed Frog (Cont’d) 2. If the Holder constructs a road through a Tailed Frog Management Area located on the FSP Map then the Holder will: a. construct road in the Tailed Frog Core Area that minimizes the road right of way width to the extent practicable; and b. is done in a manner that reduces the amount of sedimentation entering the stream channel. 3. Subject to section 4, the amount of area subject to section 1 is the area within the Total Habitat Required. CRIT FRPA Results or Strategies Workshop - May 18, 2006

  31. Theme #2: “Clarity and Linkages” Key Messages Additional Panel Discussion Points CRIT FRPA Results or Strategies Workshop - May 18, 2006

  32. Theme #2: “Clarity and Linkages” Key Messages Ø Get an independent review of your document(s) ØFollow up on independent review Ø Once FSP submitted, have a meeting or other form of dialogue with the licensee to increase the understanding of what is intended by a R/S where there are questions of clarity CRIT FRPA Results or Strategies Workshop - May 18, 2006

  33. Theme #2: “Clarity and Linkages” Key Messages Ø Make sure linkages to modifiers/qualifiers are clear and specific Ø Use extra caution when using single R/S to address multiple or overlapping objectives Ø Supporting document and definitions can be used to tell the story for the decision maker and others ØAgency responses should also be clear and specific rather than asking questions CRIT FRPA Results or Strategies Workshop - May 18, 2006

  34. Theme #3: “Built in Amendments” Example 1 Objective – Old Growth Objective To contribute to the conservation of biodiversity, licensees must maintain old forest by biogeoclimatic variant within each landscape unit according to the age of old forest and the percentage of old forest retention that is specified in Tables 1 through 4 and the assignment of Natural Disturbance Types outlined in Appendix 3, and subject to provisions 5 through 9 below. CRIT FRPA Results or Strategies Workshop - May 18, 2006

  35. Theme #3: “Built in Amendments” Example 1 Result Strategy - Qualifier Subsections x,y,z apply: a. to the portions …; b. to the extent … and c. to the extent of the Order; and until: d. such time that the Minister of Sustainable Resource Management (now Agriculture and Lands), his delegate, or other authorized representative of government, or a licensee or a group of licensees have spatially delineated draft Old Growth Management Areas (OGMAs) for approval by government, for portions or entire landscape units; or CRIT FRPA Results or Strategies Workshop - May 18, 2006

  36. Theme #3: “Built in Amendments” Example 1 Result Strategy - Qualifier (Cont’d) e. such time that the Minister of Sustainable Resource Management (now Agriculture and Lands), his delegate, or other authorized representative of government specifies in writing that draft Old Growth Management Areas meet the intent of the Order for portions or entire landscape units, as under Provision A8 of the Order; or f. Landscape Unit Plans for portions or entire landscape units are legally established. CRIT FRPA Results or Strategies Workshop - May 18, 2006

  37. Theme #3: “Built in Amendments” Example 2 Objective – Objective set by government for wildlife The objective set by government for wildlife is, 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 the survival of species at risk. (Notice – Indicators of the Amount, Distribution and Attributes of Wildlife Habitat Required for the Survival of Species at Risk in the South Island Forest District dated December 21, 2004.) CRIT FRPA Results or Strategies Workshop - May 18, 2006

  38. Theme #3: “Built in Amendments” Example 2 Result or Strategy – Marbelled Murrelet 1. If the Holder(s) of this FSP constructs a road or harvests a cutblock in …, each Holder of this FSP will… 2. For the purpose of subsection (1), the amount of habitat specified in the Notice will be… 3. For the purpose of this result/strategy, “non-contributing land base is… 4. If, after the Date of Submission, an exemption is provided under FPPR S. 7(3) that relates to a result or strategy in this FSP, the result or strategy no longer applies under this FSP to the extent, and effective on the date, of the exemption. 5. If the amount of habitat for a species specified in the Notice is addressed, the result/strategy will not apply to areas beyond that amount. CRIT FRPA Results or Strategies Workshop - May 18, 2006

  39. Theme #3: “Built in Amendments” Key Messages Ø Contemplating future events and providing built in amended R/S is a useful means of reducing transactional costs and increasing operational flexibility Ø Contemplated future events must be clearly understood and consistent with the legislated framework and the built in amended R/S must meet the legislated approval tests CRIT FRPA Results or Strategies Workshop - May 18, 2006

  40. Theme #3: “Built in Amendments” Key Messages Ø When contemplating future events ensure you include a R/S to match the future event Ø It is very difficult to contemplate every future event, therefore don’t try to cover off everything in a built in amendment; it may be more efficient to amend the plan later as necessary CRIT FRPA Results or Strategies Workshop - May 18, 2006

  41. Theme #4: “Meeting R/S Legal Test” Example 1 Objectives set by government for water, fish, wildlife and biodiversity within riparian areas The objective set by government for water, fish, wildlife and biodiversity within riparian areas is, without unduly reducing the supply of timber from British Columbia's forests, to conserve, at the landscape level, the water quality, fish habitat, wildlife habitat and biodiversity associated with those riparian areas. CRIT FRPA Results or Strategies Workshop - May 18, 2006

  42. Theme #4: “Meeting R/S Legal Test” Example 1 Result or Strategy – Riparian Reserve Zone 1. Subject to …, each Holder of this FSP will adopt FPPR S. 47, 48, 49, 50, 51, 52, and 53 as results or strategies under this FSP, except those sections that will/will not apply as follows: a) For the purposes of this FSP, the width of the riparian management zones, riparian reserve zones and the riparian management areas as under FPPR S. 47(4), 48(3) or 49(2), individually or in any combination, will not apply if the Holder(s) of this FSP specifies other riparian width or widths in a site plan, CRIT FRPA Results or Strategies Workshop - May 18, 2006

  43. Theme #4: “Meeting R/S Legal Test” Example 1 Result or Strategy – Riparian Reserve Zone (Cont’d) provided that such other width or widths: i) reflects the Factors in FPPR Schedule 1 S. 2 to the extent that such Factors are not already addressed by a requirement: (1) under this FSP; or (2) in an enactment that applies to the riparian area covered by the site plan and; ii) is consistent with a no net change in total riparian reserve area at a watershed (area between 5 – 500 km²) or landscape unit level, within +/- 10% over the term of the FSP. The balance of the riparian reserve area will be carried over into the next term. CRIT FRPA Results or Strategies Workshop - May 18, 2006

  44. Theme #4: “Meeting R/S Legal Test” Example 2 Objective set by government for visual quality The objective set by government in relation to visual quality … is to ensure that the altered forest landscape for the scenic area … c) in visual sensitivity class 1 is in either the preservation or retention category, d) in visual sensitivity class 2 is in either the retention or partial retention category, e) in visual sensitivity class 3 is in either the partial retention or modification category, f) in visual sensitivity class 4 is in either the partial retention or modification category, and g) in visual sensitivity class 5 is in either the modification or maximum modification category. CRIT FRPA Results or Strategies Workshop - May 18, 2006

  45. Theme #4: “Meeting R/S Legal Test” Example 2 Result or Strategy – Visual Quality 1) If the Holder of this FSP constructs a road or harvests a cutblock within the scenic areas …, the Holder will … 2) For the purpose of subsection (1) of this result or strategy… (See Handout) 3) A Holder of this FSP may construct a road or harvest a cutblock in a manner that produces a landscape alteration different than that specified in subsection (1) where the road or harvesting is… (See Handout) CRIT FRPA Results or Strategies Workshop - May 18, 2006

  46. Theme #4: “Meeting R/S Legal Test” Key Messages ØA reviewer needs to be able to understand the R/S in order to know what is being committed to and the implementer needs to be able to understand it to be able to deliver it Ø If using a strategy, licensees should include a sufficient number of steps to reasonably articulate the commitment, but there is no need to identify the “how to” of the strategy CRIT FRPA Results or Strategies Workshop - May 18, 2006

  47. Theme #4: “Meeting R/S Legal Test” Key Messages ØThe MOFR is struggling with reviewing strategies versus the process based Code world (with respect to measureable and verifiable) CRIT FRPA Results or Strategies Workshop - May 18, 2006

  48. Theme #5: “Use of Risk in When providing Determination Advise” Example 1 Objective – Objective set by government for wildlife The objective set by government for wildlife is, 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 the survival of species at risk. (Notice –Indicators of the Amount, Distribution and Attributes of Wildlife Habitat Required for the Survival of Species at Risk in the Campbell River Forest District dated July 27, 2004.) CRIT FRPA Results or Strategies Workshop - May 18, 2006

  49. Theme #5: “Use of Risk … ” Example 1 Result or Strategy - Marbled Murrelet WHA’s for Marbled Murrelet have yet to be established within the area covered by this FSP.  Preliminary habitat modeling based on the criteria specified in the Identified Wildlife Management Strategy Version 2004 has been completed for the FSP area and potentially suitable habitat in the non-contributing landbase has been identified. The following strategy will be implemented by the Licensee over the term of this FSP to refine suitable Marbled Murrelet nesting habitat and facilitate the establishment of appropriate WHAs that are consistent with government policy: CRIT FRPA Results or Strategies Workshop - May 18, 2006

  50. Theme #5: “Use of Risk … ” Example 1 Result or Strategy - Marbled Murrelet Air photo interpretation and low-level aerial surveys using helicopters will be used to map and rank potentially suitable marbled murrelet habitat(these techniques are used to refine the habitat modeling).  Ranking will be based on: • … (See Handout) … Until WHAs are designated, the Licensees may submit new CP applications for harvesting in areas of Moderate to Very High habitat value … provided that an area equivalent in habitat value within the timber harvesting landbase, in addition to 143.1 ha, is retained.  Once WHAs are approved … CRIT FRPA Results or Strategies Workshop - May 18, 2006

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