Part 4 – Sustainable Forest Management Plans
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Division 1 – Content
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Requirement for a single plan
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34 |
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The participants, within 2 years after the effective date of this regulation, must jointly submit a single sustainable forest management plan to the regional manager and regional director for approval in accordance with this Part.
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Content of the plan
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35 |
(1) |
The participants must ensure that the sustainable forest management plan required under section 34
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(a) |
addresses the entire pilot project area, and
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(b) |
is consistent with Schedule A and any higher level plan in effect in the pilot project area on the date the sustainable forest management plan is submitted for approval.
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(2)
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A sustainable forest management plan at a minimum must include landscape level strategies for all of the following:
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(a) |
timber harvesting;
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(b) |
road access management;
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(c) |
patch size, seral stage distribution and adjacency;
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(d) |
riparian management;
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(e) |
visual quality management;
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(f) |
forest health management;
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(g) |
range and forage management.
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(3)
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A sustainable landscape level plan may also include strategies for one or more of the following:
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(a) |
reforestation;
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(b) |
biodiversity management, including habitat management for wildlife;
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(c) |
soil management;
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(d) |
water quality management;
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(e) |
recreation management;
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(f) |
forest protection;
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(g) |
forest resource inventory;
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(h) |
research and operational trials;
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(i) |
public review and comment;
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(j) |
any other forest management attribute approved by the regional manager and regional director.
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(4)
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The participants must ensure that a sustainable forest management plan, for each landscape level strategy contained in the plan, specifies the performance indicators for evaluating whether or not the strategy has been successfully implemented.
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(5)
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The participants must ensure that the sustainable forest management plan
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(a) |
specifies the provisions, if any, of Part 3 Division 5 and the Schedules that are to be affected through the application of the proposed landscape level strategy, and
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(b) |
includes a rationale on how the proposed landscape level strategy will
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(i) |
provide at least equivalent protection for forest resources and resource features as that provided in the provisions referred to in paragraph (a),
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(ii) |
be consistent with the preamble to the Act, and
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(iii) |
provide for adequate management and conservation of forest resources.
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(6)
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The participants must ensure that the sustainable forest management plan includes any applicable performance standards that are to be used for the purposes of Part 3 Division 5 and the associated Schedules.
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(7)
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The sustainable forest management plan must be signed by each participant.
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Division 2 – Approval Process
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Interpretation
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36 |
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Section 37 and 38 do not apply to an amendment of an administrative nature to a sustainable forest management plan or to an amendment that does not materially change the objectives or results of the plan.
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Public advisory group review and comment
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37 |
(1) |
The participants must ensure that a proposed sustainable forest management plan is submitted to the public advisory group for review and comment before a notice is published under section 38 (1).
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(2)
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The public advisory group that receives a proposed sustainable forest management plan under subsection (1) may make written comments and recommendations for improvement that it considers appropriate.
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(3)
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The participants must
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(a) |
consider all comments and recommendations received under subsection (2), and
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(b) |
notify the public advisory group on how the recommendations were addressed.
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(4)
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On receiving a notice under subsection (3), the public advisory group must specify in writing whether or not
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(a) |
the recommendations of the group under subsection (2) have been adequately addressed by the participants, and
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(b) |
any concerns have arisen as a result of changes made to the proposed sustainable forest management plan since it was initially reviewed by the group.
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(5)
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The participants must append the comments of the public advisory group received under subsections (2) and (4) to the sustainable forest management plan when the plan is submitted to the regional manager and regional director under section 38 (1) (b).
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Public review and comment
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38 |
(1) |
Before the participants submit a sustainable forest management plan for approval, the participants must
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(a) |
publish a notice, in a form acceptable to the regional manager, in a newspaper stating that the sustainable forest management plan is available for public review and comment,
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(b) |
submit to the regional manager and regional director a copy of the proposed sustainable forest management plan in the form that will be made available for review
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(i) |
at substantially the same time as a person first publishes the notice referred to in paragraph (a), or
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(ii) |
at any other time agreed to by the regional manager and the participants, and
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(c) |
at the request of the regional manager or regional director, submit to the regional manager or regional director, as the case may be, a copy of any assessments associated with any landscape level strategies contained in the plan.
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(2)
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The participants must provide an opportunity to review a proposed sustainable forest management plan to members of the public interested in or affected by operations under the proposed plan.
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(3)
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If an assessment is required as part of a landscape level strategy specified in the proposed sustainable forest management plan, the participants, on the request of a person conducting a review of the plan, must make the assessment available for viewing to that person to assist their review of the plan.
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(4)
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Unless otherwise specified by the regional manager, the opportunity for a review under subsection (2) must be for a period of at least 90 days beginning on the date of the publication referred to in subsection (1).
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(5)
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During the period referred to in subsection (4), a person who reviews a proposed sustainable forest management plan under this section may submit written comments to the participants.
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(6)
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The participants must consider all written comments received under subsection (5) and may make any revisions to the proposed sustainable forest management plan that the participants consider appropriate.
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(7)
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The participants who submit a sustainable forest management plan to the regional manager and regional director for approval must submit with the proposed plan
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(a) |
a copy of the notice published under subsection (1),
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(b) |
a copy of each written comment received under subsection (5), and
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(c) |
a summary of all revisions made to the proposed plan under subsection (6).
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Approval
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39 |
(1) |
The regional manager and regional director must approve a sustainable forest management plan or amendment if the regional manager and regional director are satisfied that the plan
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(a) |
is consistent with the content requirements of this regulation,
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(b) |
is consistent with the preamble to the Act,
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(c) |
provides at least the equivalent protection for forest resources and resource features as that provided by the Act and its regulations, and
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(d) |
adequately manages and conserves the forest resources on those portions of the pilot project area that are affected by the proposed strategies.
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(2)
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If the regional manager and regional director are not satisfied that a proposed sustainable forest management plan or amendment complies with subsection (1), the regional manager and regional director may approve portions of the plan or amendment that they are satisfied do comply and may make that approval subject to conditions.
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(3)
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An approval of a sustainable forest management plan or amendment under subsection (1) or (2) is valid for a term of 6 years beginning on the effective date of the approval unless the participants request a shorter period.
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Division 3 – Effect of Approval of Sustainable Forest Management Plan
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Effect of approval on operational plans
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40 |
(1) |
The approval of a sustainable forest management plan does not affect any
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(a) |
forest development plan or amendment
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(i) |
referred to in section 8, or
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(ii) |
approved under this regulation before the approval of a sustainable forest management plan, or
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(b) |
site level plan or amendment
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(i) |
referred to in section 9, or
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(ii) |
prepared in accordance with this regulation before the approval of the sustainable forest management plan.
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(2)
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A participant who amends a forest development plan that was approved before a sustainable forest management plan was approved is not required to ensure that the amendment is consistent with the sustainable forest management plan for the area.
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Effect of approval on permits and authorizations
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41 |
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The approval of a sustainable forest management plan does not affect any
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(a) |
cutting permit, road permit or road use permit referred to in section 10, or
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(b) |
any authorization under section 23 given before the approval of the sustainable forest management plan.
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Effect of approval on performance requirements
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42 |
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Despite Part 3 Division 5, a participant or holder of a minor timber sale licence must carry out forest practices in a manner that, as measured by the performance indicators, is consistent with the landscape level strategies contained in the approved sustainable forest management plan, if the participant or holder
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(a) |
has prepared or amended
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(i) |
the forest development plan or forest operations
schedule, as the case may be, and
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(ii) |
the site level plan for an area
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to be consistent with the approved sustainable forest
management plan,
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(a.1) |
for an area that has a site level plan referred to
in section 9, submits to the district manager a statement that the area is
subject to the sustainable forest management plan, or
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(b) |
is exempt under this regulation from having to prepare a forest development plan or site level plan, as the case may be.
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[am. B.C. Reg. 292/2003, Sch. D, s. 17.]
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Division 4 – Amendments
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Optional amendments
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43 |
(1) |
The participants may apply to the regional manager and regional director at any time to amend a sustainable forest management plan.
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(2)
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An amendment to a sustainable forest management plan proposed under this section may address any aspect of the plan, including
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(a) |
adding an additional landscape level strategy,
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(b) |
modifying an existing landscape level strategy, or
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(c) |
removing a landscape level strategy.
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(3)
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An amendment must comply with section 35 (4) to (6) with respect to the affected landscape level strategy.
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Required amendments
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44 |
(1) |
If a sustainable forest management plan has been approved and a higher level plan comes into effect for the pilot project area, the participants, within 6 months after the effective date of the higher level plan, must submit to the regional manager and regional director
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(a) |
an assessment of whether or not the sustainable forest management plan is consistent with the higher level plan, and
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(b) |
if the sustainable forest management plan is inconsistent with the higher level plan, a proposal for amending the sustainable forest management plan to make it consistent with the higher level plan.
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(2)
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The regional manager and regional director may approve a proposal submitted under subsection (1) if the regional manager and regional director are satisfied that
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(a) |
the proposal adequately addresses the areas of inconsistency, and
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(b) |
implementation of the proposal will address the areas of inconsistency in a timely manner.
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(3)
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If the regional manager and regional director approve the proposal under subsection (2), the participants must implement that proposal.
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Division 5 – Forest Operations Schedules
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Preparation and submission of forest operations schedule
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45 |
(1) |
After a sustainable forest management plan has been approved, a participant is not required to prepare a forest development plan.
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(2)
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After a sustainable forest management plan has been approved, the participants may prepare and submit to the district manager a forest operations schedule that
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(a) |
identifies the areas in which timber harvesting and associated road construction is proposed by the participant,
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(b) |
is consistent with the sustainable forest management plan, and
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(c) |
complies with Schedule C.
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