Forest Practices Code Transition Planning and Silviculture John McClarnon Regeneration Specialist MOF

Planning - Silviculture 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 Whats New: Summary 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 JMCCLARN: Free Growing Status - Not a planning requirement, it is a modification of the free growing obligation JMCCLARN: Free Growing Status - Not a planning requirement, it is a modification of the free growing obligation

Planning - Silviculture Whats New: Summary - continued 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 JMCCLARN: Free Growing Status - Not a planning requirement, it is a modification of the free growing obligation JMCCLARN: Free Growing Status - Not a planning requirement, it is a modification of the free growing obligation

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 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.

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