forest practices code transition planning and silviculture john mcclarnon regeneration specialist...
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Forest Practices CodeTransition
Planning and Silviculture John McClarnon
Regeneration SpecialistMOF
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
What’s New: SummaryDiscontinuation of the requirement
for Silviculture PrescriptionsSite Plans that are neither submitted
nor approvedSite Plans identify:
MoF approved stocking standards;regen & FG date; andapplicable 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
What’s 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; orRequirements cannot be met;
andNot practical to amend the
PrescriptionDM may order a Site Plan to
replace outdated Silviculture Prescription
Planning - Silviculture
Changes to TermOnce Bill 75 & the Regs come into
forceSilviculture 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 Contentsigned, sealed, dated by an RPFtotal area and NAR can apply to more than 1 cutblockrequirements for stand level
biodiversity limits on permanent accessStandards Units:
limits on soil disturbancestocking requirements, regen & FG
date
Planning - Silviculture
Site Plan Content (OPR) - continued
Must include a MAP showing:size shape & locationmappable reservesall streamsknown resource featuresStandards UnitsNARPAS
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
structureslimits 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
LOCATION: LICENCE: CP: BLOCK:
Free Growing Standards
SUBGC Zone
Site SeriesSoil Dist.Variance
WL TreeAreas
TreatmentRegime
A CWHvh1 01 2b
B CWHvh1 04 3b
C CWHvh1 01 Yes 2b
D
E
RPF Signature Date
Signing and sealing is a declaration by theRPF that the species, stocking standards andactivities are appropriate for the standards
units on the map and specific site conditions.Signing and sealing is also a declaration bythe RPF that the post free growing activities
are consistent with the Silviculture Strategy orany higher level plan for this management
unit.
For each cutblock a forester assignsstocking 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 ChangesVariances (TH&SP Reg)
Agreement holder may submit a request for variance
Request for variance must specify:area regulation requirement proposed performance
requirementrationale
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 oris 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 SUholder met stocking requirements
for a min of 90% of combined area of: the standards unitand 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 SUholder met overall average of min
well spaced preferred on combined area of: the Standards Unitand 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
requirementsufficient time has elapsed since
brushing occurredDM 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
Prescriptionearliest 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
damageexercised due diligence
These provisions are not retroactive
Planning - Silviculture
End of Site Plans and Silviculture Presentation
With John McClarnon