Forest Practices Code Transition Planning and Silviculture John McClarnon Regeneration Specialist MOF What's Not New (partial list) Existing Silviculture Prescription and associated obligations continue to apply Amendment.
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Transcript Forest Practices Code Transition Planning and Silviculture John McClarnon Regeneration Specialist MOF What's Not New (partial list) Existing Silviculture Prescription and associated obligations continue to apply Amendment.
Forest Practices Code
Transition
Planning and Silviculture
John McClarnon
Regeneration Specialist
MOF
What's Not New (partial list)
Existing Silviculture Prescription and
associated obligations continue to apply
Amendment requirements for silviculture
prescriptions are still in place
Stocking standards - same elements
Standards Unit
Planning - Silviculture
What's Not New (partial list) - continued
Survey procedures
Requirements for regeneration date / free
growing assessment period
Constraints or prohibitions for silviculture
treatments
Similar exemptions from reforestation are
maintained as for Silviculture Prescriptions
Bark Beetle Regulation exemptions from
Silviculture Prescription applies to Site Plans
Planning - Silviculture
JMCCLARN:
What’s New: Summary
Free Growing
Status - Not a
planning
requirement , it
is a modification
of the free
growing
obligation
Discontinuation of the requirement for
Silviculture Prescriptions
Site Plans that are neither submitted nor
approved
Site Plans identify:
MoF approved stocking standards;
regen & FG date; and
applicable performance standards
or DM approved variances that apply to
each cutblock under the plan
Planning - Silviculture
JMCCLARN:
What’s New: Summary - continued
Free Growing
Status - Not a
planning
requirement , it
is a modification
of the free
growing
obligation
Defaults in legislation for some APS
Licensee may propose a variance to
specified defaults in the TH&SP Reg at the
cutblock to management unit level
Limitations on liability ( regen date / free
growing)
Gov may fund or waive the free growing
obligation if a damage causing event
destroys plantation
Planning - Silviculture
What is the Intent of the Changes?
Speeds process by reducing number of plans
requiring approval
Eliminates time consuming review by MoF
Reduce licensees administrative burden
Ensures gov retains final authority on standards
Provide flexibility for licensees
Transition stage to full results-based regime
Limited transfer of risk back to gov
Planning - Silviculture
Requirement Changes
Majority of existing Silviculture
Prescriptions prepared prior to FSAA
remain in effect
Exceptions are Silviculture
Prescriptions prepared for:
Areas where timber was damaged or
destroyed by natural causes & there
was no salvage harvesting
Backlog areas
Planning - Silviculture
Changes to Term
Site Plans to replace existing
Silviculture Prescription when:
Results unachievable; or
Requirements cannot be met; and
Not practical to amend the
Prescription
DM may order a Site Plan to replace
outdated Silviculture Prescription
Planning - Silviculture
Changes to Term
Once Bill 75 & the Regs come into
force
Silviculture Prescriptions can no longer
be approved after that date, only
amendments to existing prescriptions
Silviculture Prescriptions that have
been prepared but not approved will
generally be easily converted to Site
Plans
Site Plans must be prepared prior to
commencement of harvesting
Planning - Silviculture
Site Plan Content
signed, sealed, dated by an RPF
total area and NAR
can apply to more than 1 cutblock
requirements for stand level biodiversity
limits on permanent access
Standards Units:
limits on soil disturbance
stocking requirements, regen & FG date
Planning - Silviculture
Site Plan Content (OPR) - continued
Must include a MAP showing:
size
shape & location
mappable reserves
all streams
known resource features
Standards Units
NAR
PAS
Planning - Silviculture
Assessments Required Before Site
Plan
Assessments required before Site Plan:
VIA if known scenic area
Coast gully assessment
Pest incidence Survey ( if required by DM)
Archeological Impact Assessment
Assessments must be made available to
DM on request
Site Plan must be consistent with the
assessment results & recommendations
Planning - Silviculture
Site Plan Content (Act) - continued
Site Plan holders have an obligation to establish a
free growing stand
The Site Plan is not an enforceable document
identifies the stocking requirements, regen &FG
dates , APS or variances that apply to a standard
unit and/or cutblock(s)
the standards or requirements assigned to an area
are what is enforced
Planning - Silviculture
Applicable Performance
Standards (APS) - TH&SP Reg.
APS is the specific performance level for :
stand level biodiversity (WT & CWD)
limits on permanent access structures
limits on soil disturbance
max allowable soil disturbance for roadside
work areas
Planning - Silviculture
Applicable Performance Standards
- continued
APS for a given area is determined per the
following order of priority:
per Silviculture Prescription or if there is no
Silviculture Prescription as specified in :
a Forest Development Plan
If there is no APS the default is to
“standards” in regulation for which
variances can be requested.
Planning - Silviculture
Standards Unit Map and APSDFA: Coastal TSA
For each cutblock a
forester assigns
stocking standards,
regen & FG dates and
APS from the FDP
In the absence of APS ,
default standards in the
TH&SP Reg apply
unless the DM has
approved a variance.
LOCATION:
LICENCE:
CP:
Free Growing Standards
SU
BGC Zone
A
CWHvh1
Site Series
01
B
C
D
E
CWHvh1
CWHvh1
04
01
Soil Dist.
Variance
WL Tree
Areas
Yes
RPF Signature
Treatment
Regime
2b
3b
2b
BLOCK:
Signing and sealing is a declaration by the
RPF that the species, stocking standards and
activities are appropriate for the standards
units on the map and specific site conditions.
Signing and sealing is also a declaration by
the RPF that the post free growing activities
are consistent with the Silviculture Strategy or
any higher level plan for this management
unit.
Date
Planning - Silviculture
Applicable Performance Standards
- continued
Site Plans cannot be prepared until
approved stocking standards are
amended into the FDP
Short term - cutblock by cutblock
amendments if essential
Goal is stocking standards tables
tailored to local operating areas
Planning - Silviculture
Requirements Changes
Variances (TH&SP Reg)
Agreement holder may submit a
request for variance
Request for variance must specify:
area
regulation requirement
proposed performance requirement
rationale
Planning - Silviculture
Variances - continued
DM may grant variance only if satisfied:
variance is to prescribed requirements
biodiversity, PAS, soil disturbance
or a constraint or prohibition on a forest
practice in the TH&SP Reg
will adequately manage & conserve or
is in the public interest
Variances do not apply to Operational
Plans
Planning - Silviculture
Site Plans - Approvals
Site plans are not approved:
must be publicly available upon request
must be available at place of business
nearest the area under the plan
Planning - Silviculture
Reporting Requirements
Reporting requirements same except:
Licensees must transmit all attribute
and map information electronically
1 reporting date - May 31st
Form A is back
Identifies stocking requirements, regen &
FG dates and APS assigned to a block
Planning - Silviculture
Limitation of Liability Regeneration Date Stocking
DM may accept declaration where the SU
stocking requirements have not been
met, if DM determines :
during the 1 year period before the
regen date for the SU
holder met stocking requirements for
a min of 90% of combined area of:
the standards unit
and all other SU where regen date
occurred during that year
Planning - Silviculture
Limitation of Liability Regeneration Date -Well Spaced Preferred
DM may accept declaration where the SU
well spaced preferred have not been met if
DM determines :
during the 1 year period before the
regen date for the SU
holder met overall average of min well
spaced preferred on combined area of:
the Standards Unit
and all other SU where regen date occurred
during that year
Planning - Silviculture
Limitation of liability - continued
Holders are exempt from 162.1(5) of the
Act
A holder who makes a free growing
declaration on a brushed block remains
responsible unless:
crop trees meet relative height
requirement
sufficient time has elapsed since
brushing occurred
DM may authorize a shorter period
Planning - Silviculture
Limitation of liability - continued
The DM has 15 months to give notice
to a holder if the obligation specified
in the declaration has not been met
To declare a stand free growing it
must be:
within the FGAP if under Silviculture
Prescription
earliest free growing assessment date
has passed for areas under a Site Plan
Planning - Silviculture
Government may fund extra
expense or waive obligation
If damage causing event prevents achieving
free growing
DM must:
grant relief or
provide funding
As long as licensee:
did not cause / contribute to damage
exercised due diligence
These provisions are not retroactive
Planning - Silviculture
End of Site Plans and Silviculture
Presentation
With
John McClarnon
Planning - Silviculture