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Regulations - Forest Practices Code of BC Act

OPERATIONAL AND SITE PLANNING REGULATION

PART 10 - UNGULATE WINTER RANGE, IDENTIFIED WILDLIFE AND FOREST ECOSYSTEM NETWORK

B.C. Reg. 107/98 Deposited April 2, 1998
O.C. 0426/98 effective June 15, 1998, (Consolidated to December 12, 2003)

 

PART 10.1 - UNGULATE WINTER RANGE, IDENTIFIED WILDLIFE AND FOREST ECOSYSTEM NETWORK

Ungulate winter range

69. (1) The Deputy Minister of Water, Land and Air Protection may, by written order, establish an ungulate winter range by identifying in the order

(a) an area of land that is necessary for the winter survival of an ungulate species, and

(b) objectives for the management of that area.

(2) An ungulate winter range that is identified in a wildlife management plan or strategy approved before October 15, 1998 ceases to be an ungulate winter range on October 15, 2003 unless confirmed before that date by the Deputy Minister of Water, Land and Air Protection.

(3) If an ungulate winter range identified in a wildlife management plan or strategy under paragraph (c) of the definition of "ungulate winter range" has no objectives specified for the management of the winter range, the designated environment official may, by written order, establish objectives for the winter range.

 

Identified wildlife and general wildlife measures

70. (1) The Deputy Minister of Water, Land and Air Protection, or a person authorized by the Deputy Minister, may, by written order,

(a) classify a species at risk as identified wildlife, if satisfied that the species needs to be managed through a higher level plan, wildlife habitat area or general wildlife measure,

(b) establish a mapped area of land as a wildlife habitat area, if satisfied that the mapped area is necessary to meet the habitat requirements of identified wildlife,

(c) establish a management practice, that applies inside wildlife habitat areas, as a general wildlife measure, if satisfied that the management practice is necessary to maintain the identified wildlife within those areas, and

(d) establish a management practice, that applies within a specified ecosystem unit as a general wildlife measure, if satisfied that the management practice is necessary to maintain a specified habitat.

(2) The classification of a species at risk as identified wildlife, and the establishment of a general wildlife measure and a wildlife habitat area, may be varied or cancelled by a written order signed by the Deputy Minister of Water, Land and Air Protection or a person authorized by the Deputy Minister.

(3) An order made under subsection (1) or (2) is effective when a notice that the order has been made and the locations where the details of the order may be obtained are published in the Gazette.

(3.1) An order establishing a wildlife habitat area under subsection (1) may provide that the location of the area is not to be published under subsection (3), in which case subsection (3) does not require the location to be published.

(3.2) If an order provides that the location of a wildlife habitat area is not to be published, no person may disclose the location of the wildlife habitat area, except in terms that are not precise enough to allow a person to find the area, to anyone other than a person who needs to know the location in order to administer or comply with an enactment of British Columbia or Canada, or a law, or for the purposes of protecting or studying the wildlife protected by the wildlife habitat area.

(4) An order made under subsection (1) (c) or (d) may delegate the authority to vary some or all management practices in the order to the regional environmental stewardship manager in the Ministry of Water, Land and Air Protection.

(5) A delegation under subsection (4) may

(a) confer a discretion on the regional environmental stewardship manager, and

(b) provide differently for different persons, places or transactions.

 

Regionally important and identified threatened or endangered fish

71. (1) The Deputy Minister of Water, Land and Air Protection, or a person authorized by the Deputy Minister may, by written order classify a species of fish as identified threatened or endangered fish for the purposes of the definition of "fish stream" in section 1.

(2) The Deputy Minister of Water, Land and Air Protection, or a person authorized by the Deputy Minister may, by written order classify a species of fish as regionally important fish for the purposes of the definition of "fish stream" in section 1.

(3) An order made under subsection (1) or (2) is effective when a notice that the order has been made and the locations where the details of the order may be obtained are published in the Gazette.

 

Forest ecosystem network

NEW71.1 (1) An area is established as a forest ecosystem network if, before June 15, 1995, the area was approved as a forest ecosystem network by

(a) the district manager, and

(b) an employee of the Ministry of Environment, Lands and Parks.

(2) Any portion of an area that is established as a forest ecosystem network under subsection (1) ceases to be a forest ecosystem network if

(a) the portion of the area is within a landscape unit, and

(b) an old growth management area is established within the landscape unit.NEW

 

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