1. 1 www.BrentLaycock.com

2.  Updated themes  Decision-making theories Case: 6% solution  policy design  Tools - instrument choice  Configuration  Forest Practices  Code  Results-based regulation  FRPA  Conclusion October 31, 2013 2

3.  formality - guidelines or rules?  transparency  simplicity  congruence: rule varies to match problem October 31, 2013 3

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5. Objective: congruent, but simple and clear 1. Vary the rules to account for different circumstances (Prescriptive congruence) 2. Rely on professional judgment (Professional delegation) 3. Rely on local plans (Geographical delegation) October 31, 2013 5

6. 6 congruencetransparencysimplicity Prescriptive congruence good poor Professional delegation goodpoorgood Geographical delegation goodmedium

7.  Updated themes  Decision-making theories Case: 6% solution  policy design  Tools - instrument choice  Configuration  Forest Practices  Code  Results-based regulation  FRPA  Conclusion October 31, 2013 7

8. 8  pre-1994 – guidelines and plans  1995-2004 – Forest Practices Code (“the Code”)  mix of planning and practice regulations  considered overly costly, complex, and prescriptive by industry  considered weak and inadequate by environmentalists  very high compliance

9. October 31, 2013 9  Election promise: Streamline the Forest Practices Code to establish a workable, results-based Code, with tough penalties for non-compliance  Cut the forestry regulatory burden by one-third within three years, without compromising environmental standards.

10. October 31, 2013Hoberg – Policy Framework10  Forest Range and Practices Act (2002)  Simplified planning structure ▪ eliminated approval of site level plans  increased reliance on “forest stewardship plans” to propose results and strategies to meet specified government objectives  Major design tension:  government’s desire to have strong default standards  industry’s desire for maximum flexibility

11. October 31, 2013 11 Pirates’ Code:  must be a pirate for the pirates’ code to apply  the code is more what you call guidelines than actual rules

12.  aka Performance-based regulation  Focus on objective  Leave means up to industry  3 components:  Characterize desired outcomes  Specify performance standards  Measure performance October 31, 2013 12

13.  For many forest values, we lack the specific knowledge to design measureable performance standards October 31, 2013 13 but still provide flexibility in choice of practice Standards that are sufficiently specific to be clear and measurable

14.  Rather than government-provided performance standards, require plans to include “results or strategies”  If operators prefer not to develop their own, they choose government “default standards” October 31, 2013 14

15. October 31, 2013 15 1. Objectives established by government 2. Some performance standards 3. Forest Stewardship Plan prepared by lisencee  measurable results and strategies to meet objectives  may choose government “defaults”  reviewed and approved by government 4. Auditing and Compliance 5. Professional Reliance

16. October 31, 2013 16  Objectives for 11 values  In regulation, not statute  Soils  Resource features  Timber including forest health  Recreation resources  Fish  Visual Quality  Wildlife  Cultural Heritage Resources  Biodiversity  Forage  Water  “without unduly reducing the supply of timber from British Columbia's forests”

17. October 31, 2013 17  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.

18. October 31, 2013 18  Performance based regulation for fish passage: ▪ Activities must not have a material adverse effect on fish passage in a fish stream

19.  5 year plan  Map of development activities proposed  Results and strategies to address 11 FRPA values  Or reliance on defaults  Reviewed and approved by government  Legal document, basis for enforcement October 31, 2013 19

20. October 31, 2013 20 Riparia n Class Riparian Management Area (metres) Riparian Reserve Zone (metres) Riparian Management Zone (metres) S1-A1000 S1-B705020 S2503020 S34020 S4300 S5300 S6200

21.  Sample plan from TolkoTolko  Forest Practices Board Report 2006 Report  FSPs inscrutable and not effective for public review  Industry is not committing itself to enforceable or measureable results, preferring instead ▪ Default requirements ▪ Strategies without measure outcomes October 31, 2013 21 Leah Malkinson Thesis

22.  Design dilemmas – optimal specificity  Tradeoffs between congruence, simplicity, transparency  Due to measureability problems, FRPA not as results-based as envisioned October 31, 2013 22

23.  A major challenge for forest policy making is designing policies to accommodate spatial diversity  Forest practices regulation in BC relies on a combination of vague performance objectives, practice requirements, and planning requirements. Measurability challenges have limited efforts to develop a results-based framework October 31, 2013 23

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