Timber Harvesting and Silviculture Practices

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What are the changes in December 2002?

The Timber Harvesting Practices Regulation and Silviculture Practices Regulation have been repealed and replaced with a combined Timber Harvesting and Silviculture Practices Regulation (THSPR). The new regulation combines provisions from the existing regulations along with new sections. A detailed listing of the changes is contained in the appendix.

Some of the new provisions in the Timber Harvesting and Silviculture Practices Regulation include the following:

  • applicable performance standards;
  • variances and authorizations;
  • default specifications for applicable performance standards;
  • limitation of liability; and
  • changes to the percentage of median height used to define countable trees under maximum density.

The combined THSPR continues to cover areas such as:

  • protection of streams and riparian areas;
  • protection of non-timber resources;
  • access structures;
  • forest health;
  • soil conservation;
  • prohibitions, constraints and requirements on silviculture treatments; and
  • wildlife tree retention.

All types of joint decisions and joint actions have been removed from all FPC regulations under these amendments to the FPC.

Applicable Performance Standards

Section 1(2) of the THSPR-defines applicable performance standards. These standards must be followed and achieved on each site during harvesting and silviculture practices. These standards will be monitored and enforced.

Applicable performance standards can be found in the Silviculture Prescription. If there is no Silviculture Prescription for the area then the performance standards will be set according to the following order:

  • Existing Forest Development Plan; or
  • Variance to a default standard in the THSPR granted by the District Manager; or
  • Default standard in the THSPR.

Variances and Authorizations

Section 2 of the THSPR enables District Managers to grant variances to performance requirements in the THSPR upon application by a licencee. The District Manager can not give a variance to:

  • an applicable performance standard that appears in a Forest Development Plan or existing Silviculture Prescription; or
  • the requirement to use only collected and registered seed/vegetative lots, store seed with the MOF and to keep a record of registration of seed/vegetative lots used and the locations where they were planted.

If the requirement is in the regulation, changes are made through a variance. If the requirement is in a FDP or existing silviculture prescription, the licencee will have to amend the plan.

Protection of Streams and Riparian Areas

Division 2 of the THSPR covers the protection of streams and riparian areas and maintains the current environment standards including:

  • Tracks and wheels of ground-based machinery are not allowed within 5 metres of a stream bank regardless of stream classification. Exceptions are limited to firefighting, responses to natural disasters, authorized stream crossings or if operations will be conducted to protect the stream bank and minimize damage to understory vegetation; and
  • Yarding is not permitted over any fisheries-sensitive zone. Slash or debris cannot be deposited in an aquatic environment where it is capable of damaging fish habitat or reducing water quality.

Silviculture Treatments

Silviculture treatments are defined in the THSPR as a treatment carried out individually or as part of a regime of treatments to create the described post harvest stand structure, site conditions, or free growing stand conditions. This definition precludes silviculture treatments that are being conducted outside of a Silviculture Prescription or Site Plan (e.g., backlog treatments or spacing under FIA contracts).

Application of requirements, constraints or prohibitions on silviculture treatments under the THSPR include the following:

  • falling or modification of trees;
  • constraining slash and debris in and around aquatic environments;
  • restricted operation of machinery;
  • general wildlife measures;
  • use of seed and vegetative material;
  • use of livestock for site preparation or brush control;
  • mandatory spacing is maximum density is exceeded;
  • pruning required in specified circumstances; and
  • use of fertilizers.

Constraints related to pesticides in the previous regulation have been deleted and will now be managed by WLAP in their revised legislation. The requirement for containers of seedlings to be marked if the seedlings have been treated with pesticides is also removed and covered under WCB regulations.

Licencees have an opportunity to vary the requirements by requesting a variance from the District Manager (e.g., request a variance to exceed the limits on seed tree transfer as specified in the Seed and Vegetative Material Guidebook).

Reforestation and Reporting Obligations

Part 4 of the THSPR clarifies the silviculture treatments for areas under a Site Plan (discussed above under Site Plans and Silviculture):

  • Reporting requirements;
  • Limitation of liability; and
  • Waiver of funding of free growing obligation.

Stand Level Biodiversity (Wildlife Trees)

Section 16 of the THSPR contains provisions related to retention of wildlife trees. In the absence of applicable performance standards for retention of wildlife trees, the default is specified in chapter 3.2 of the Landscape Unit Planning Guide.

Soil Conservation

Sections 30-33 of the THSPR regulates default performance standards for soil disturbance. If performance standards are not defined in the FDP, the default standards are:

  • maximum 5% soil disturbance in a standards unit with sensitive soils;
  • maximum 10% soil disturbance in a standards unit without sensitive soils;
  • maximum 25% soil disturbance for roadside work areas; and
  • maximum 7% of cutblock allowed for permanent access structures.

Licencees can request a variance to the default standard for a specific site or submit an amendment to the standards in the FDP.

Cutting Permits

For the transition period to the new FRPA, all cutting permit administrative processes including the application and issuance of cutting permits will not change.

Applicable Legislation

Amendments to the Forest Practices Code of British Columbia Act that impact timber harvesting and silviculture practices include section 162.1-Limitation on liability to persons to Government.

The applicable regulation is the Timber Harvesting and Silviculture Practices Regulation (THSPR). This is a new regulation based on combining two existing regulations - Timber Harvesting Practices Regulation and Silviculture Practices Regulation. New and amended sections in this regulation are listed in Appendix B ( 388 Kb) of the Primer.

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Written Materials

This page last revised: February 4, 2003 9:20 AM

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