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Regulations - Forest Practices Code of BC Act

OPERATIONAL AND SITE PLANNING REGULATION

PART 5 - SILVICULTURE PRESCRIPTIONS

Division 1 - Scope and Content

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

 

PART 5 - SILVICULTURE PRESCRIPTIONS

Division 1 - Scope and Content

Information that must be available before a silviculture prescription may be approved

37. (1) Subject to subsections (4) and (5), a person preparing a silviculture prescription must carry out the following assessments and make available, upon request, to the district manager the following information:

(a) if the cutblock is in a known scenic area, a visual impact assessment that demonstrates that the timber harvesting operations are consistent with the established visual quality objectives for that area;

(b) a terrain stability field assessment for the cutblock if

NEW(i) Repealed. [B.C. Reg. 350/2002]NEW

(ii) the cutblock is not located in a community watershed, but is located in an area that has been identified in the forest development plan as having potentially unstable terrain or a moderate likelihood of landslides,

(iii) the cutblock has been identified by the district manager as requiring a terrain stability field assessment, or

(iv) indicators of potential slope instability in the cutblock are identified while carrying out field work for the purposes of section 39 (3) (a) (iii);

(c) an assessment of a gully in a cutblock located on the Coast, carried out in accordance with the Ministry of Forests' publication titled, "Gully Assessment Procedure Guidebook", as amended from time to time, if a person is proposing to carry out timber harvesting in the gully;

(d) a pest incidence survey, if required by the district manager, to determine the nature and extent of the forest health factors in the cutblock;

(e) an archaeological impact assessment that meets the requirements of the minister responsible for the Heritage Conservation Act if the district manager is satisfied that the assessment is necessary to adequately manage and conserve archaeological sites in the area;

(f) a riparian assessment to

(i) determine the riparian class of streams, wetlands and lakes, and

(ii) identify fish streams in community watersheds

that are in or adjacent to the area under the prescription.

(2) Despite subsection (1) (b), the terrain stability field assessment is not required if the cutblock is shown on a forest development plan as being located on an area having a moderate likelihood of landslides, and

(a) all the following conditions are met:

(i) the area is located in the Interior;

(ii) the proposed timber harvesting method is cable or aerial;

(iii) no excavated or bladed trail will be constructed, or

(b) the assessment has been carried out for the purpose of locating a road and the assessment included the area to be harvested.

(3) Information required by this section is not part of the silviculture prescription.

(4) For a minor salvage operation or an expedited major salvage operation, a visual impact assessment is not required unless requested by the district manager in writing.

(5) For an emergency harvesting operation, no assessments are required unless the district manager requests in writing that a terrain stability field assessment be carried out, in which case the person responsible for the silviculture prescription must comply with the request.

 

Assessment results

38. A silviculture prescription must contain a statement that, with respect to an assessment referred to under section 37 or the information referred to under section 39 (3) (a),

(a) procedures required by this regulation have been followed for any assessment that is required under section 37 or that is required to provide information referred to under section 39 (3) (a),

(b) the silviculture prescription is consistent with the results or recommendations of any assessment required under section 37, and

NEW(c) the proposed silviculture prescription complies with section 4 (2), 26 (2) and (3) of the Timber Harvesting and Silviculture Practices Regulation, with respect to the prohibition against constructing excavated or bladed trails. NEW

 

Content of prescriptions

39. (1) In this section:

"all layers" means the mature layer, the pole layer, the regeneration layer and the sapling layer;

"mature layer" means the layer of trees that have a stem diameter of 12.5 cm or greater measured at a height of 1.3 m;

"pole layer" means a layer of trees that have a stem diameter greater than or equal to 7.5 cm, but less than 12.5 cm, measured at a height of 1.3 m;

"regeneration layer" means the layer of trees that is less than 1.3 m in height;

"sapling layer" means the layer of trees that have a stem diameter of less than 7.5 cm measured at a height of 1.3 m;

"stocking requirements" means all of the following:

(a) for clearcutting, patch cutting and group selection, group shelterwood, group seed tree, retention system and clearcutting with group reserves, all of the following:

(i) the preferred and acceptable species of trees;

(ii) the minimum allowable horizontal distance between trees of the preferred and acceptable species required for the trees to be considered to be well spaced;

(iii) the target number of healthy, well spaced trees of the preferred and acceptable species per hectare;

(iv) the minimum number of healthy, well spaced trees of the preferred and acceptable species required per hectare;

(v) the minimum number of healthy, well spaced trees of the preferred species required per hectare;

(vi) the maximum number of coniferous trees allowed per hectare in a free growing stand;

NEW(vii) the maximum and minimum number of healthy, coniferous trees allowed per hectare in a free growing stand after a spacing treatment has been carried out under section 41 of the Timber Harvesting and Silviculture Practices Regulation;NEW

(viii) the required standards that must be met by a healthy, well spaced tree of a preferred or acceptable species in a free growing stand, including

(A) the minimum height, and

(B) the height of the tree relative to competing vegetation within a radius of one m of the tree trunk;

(ix) the minimum pruning height that must be met by a crop tree at the end of the free growing assessment period if

(A) control of white pine blister rust is necessary to achieve a healthy free growing stand by the end of the free growing assessment period, or

(B) stand densities required to achieve wildlife habitat management objectives approved for the area in the forest development plan that applies to the area under the prescription are at least 30% lower than the minimum stocking levels set out in the Ministry of Forests' publication "Establishment to Free Growing Guidebook", as amended from time to time;

(b) for commercial thinning, harvesting of poles, sanitation treatments and other intermediate cuttings that do not have regeneration objectives,

(i) the preferred and acceptable species of trees,

(ii) the stand structure and composition goals, including the planned residual basal area or density per hectare, and

(iii) the species and function of any trees that will be left standing to satisfy non-timber resource objectives;

(c) for even-aged partial cutting not described in paragraph (a),

(i) all of the requirements referred to in paragraph (a), and

(ii) the stand structure and composition goals, including the planned residual basal area or density per hectare;

(d) for single tree selection, all of the following:

(i) for all layers, the preferred and acceptable species of trees;

(ii) for the regeneration, sapling and pole layers, the minimum allowable horizontal distance between trees of the preferred and acceptable species required for the trees to be considered to be well spaced;

(iii) for all layers, the target number of healthy and well spaced trees of the preferred and acceptable species per hectare;

(iv) for all layers, the minimum number of healthy, well spaced trees of the preferred and acceptable species required per hectare;

(v) for all layers, the minimum number of healthy, well spaced trees of the preferred species required per hectare;

(vi) for the sapling layer, the maximum number of coniferous trees allowed per hectare in a free growing stand;

NEW(vii) for the sapling layer, the maximum and minimum number of coniferous trees allowed per hectare in a free growing stand after a spacing treatment has been carried out under section 41 of the Timber Harvesting and Silviculture Practices Regulation;NEW

(viii) the planned residual basal area per hectare;

(ix) the approximate number of trees by diameter class;

(x) for the required standards that must be met by a healthy, well spaced tree of a preferred or acceptable species at free growing, including

(A) the minimum height for the regeneration, and

(B) the height of the tree relative to competing vegetation within a radius of one metre of the tree trunk for the regeneration.

(2) A person must ensure, for the area under the silviculture prescription, that the silviculture prescription describes the location of the following:

(a) areas from which timber is to be harvested;

(b) areas where timber was destroyed or damaged;

(c) for a contravention of section 96 of the Act, the area from which timber was cut, removed, damaged or destroyed in contravention of that section;

NEW(d) mappable reserves, including

(i) reserves for the retention of wildlife trees, and

(ii) riparian reserve zones.NEW

(3) A person must ensure, for the area under the silviculture prescription, that the prescription does the following:

(a) specifies

(i) the biogeoclimatic ecosystem classification,

(ii) for any area identified in a forest development plan that will be harvested using a harvest method other than cable or aerial, the hazards for soil compaction, soil erosion and soil displacement,

(iii) any indicators of potential slope instability, if a terrain stability field assessment has not been carried out,

(iv) if temporary access structures are being proposed, the depth to unfavourable subsoil, the type of unfavorable subsoil, and

(v) if an excavated or bladed trail is being proposed in a community watershed, the risk of sediment delivery to streams;

(b) if the pest incidence survey carried out under section 37 (1) (d) identifies significant forest health risks, specifies measures to reduce those risks;

(c) describes the silvicultural system to be used, including the species and function of any trees to be left standing;

(d) without limiting paragraph (c), for group selection silvicultural systems, contains a description of the range and approximate average size of openings;

(e) describes any critical site conditions that affect the timing of operations and the manner in which they affect them;

(f) describes the total area under the prescription, including areas of rock, water, swamp, reserves and any other area whether or not it is capable of growing a stand of trees;

(g) describes the net area to be reforested;

(h) sets out the maximum proportion, if any, of the total area referred to in paragraph (f) that may be occupied by permanent access structures;

(i) sets out the maximum proportion, if any, of the net area to be reforested that may be occupied by soil disturbance;

(j) sets out the maximum extent to which the soil disturbance limits specified in paragraph (i) may be temporarily exceeded to construct temporary access structures;

(k) identifies

(i) those portions of the cutblock where excavated or bladed trails may be constructed,

(ii) the maximum and average height of cutbanks, for excavated or bladed trails, and

(iii) the equipment to be used for trail construction if other than an excavator;

(l) the maximum time to complete rehabilitation of temporary access structures, measured from completion of timber harvesting;

(m) describes

(i) the volume and range of piece sizes of coarse woody debris, if any, necessary or required to accommodate any objectives for coarse woody debris established in a forest development plan and that are applicable to the area under the prescription,

(ii) the site conditions that must exist, if any, after a harvest or site treatment to accommodate forest resources identified in the forest development plan or, in the absence of a forest development plan, in any higher level plan that applies to the area,

(iii) the site conditions that must exist, if any, after a harvest or site treatment to accommodate

(A) known non-timber forest resources on or adjacent to the area under the prescription that were not referenced in subparagraph (ii), and

(B) resource features identified in the forest development plan or silviculture prescription, and

(iv) actions, if any, that are necessary to adequately manage and conserve archaeological sites;

(n) indicates if livestock grazing is proposed to be carried out as a vegetation management treatment on the area under the prescription;

(o) contains the stocking requirements;

(p) contains the regeneration date;

(q) contains the free growing assessment period;

(r) if the prescription is for the holder of a major licence, contains the signature of the holder or a person who has authority to sign the prescription on behalf of the holder.

(4) A person must ensure, for the area under a silviculture prescription and the area adjacent to that area, that the prescription describes or contains all of the following:

(a) a map that illustrates the following items:

(i) the total area under the prescription outlined in subsection (3) (f);

(ii) all streams, wetlands, lakes, and

(A) their riparian class, and

(B) if they are streams in a community watershed, whether they are fish streams;

(iii) a known forest ecosystem network;

NEW(iv) a wildlife habitat area that is identified as known in the forest development plan in which the cutblock is proposed to achieve category A status, or in the forest development plan in which the part of the forest development plan that is the cutblock, is amended, but the location of the wildlife habitat area must not be shown if the designated environment official makes it known that the location of the wildlife habitat area is not to be included in operational plans;NEW

(v) sensitive areas;

(vi) known resource features, other than domestic water supply intakes;

(vii) known licensed domestic water supply intakes and related water supply infrastructure;

(viii) known community water supply intakes and related water supply infrastructure;

(ix) known temperature sensitive streams;

(x) the approximate location of permanent access structures other than gravel or rock pits;

(xi) the approximate location of gravel pits and rock pits, if they are proposed for construction within 20 m of the top of a gully sidewall or the outer edge of a riparian management area;

(xii) the approximate location of temporary roads and landings;

(xiii) the biogeoclimatic ecosystem classification;

(xiv) the approximate location of a gully

(A) located on the Coast if the gully is identified in a gully assessment as requiring special management to address the concerns referred to in subsection (6), or

(B) located in the Interior if the gully requires special management to address the concerns referred to in subsection (6);

(xv) the approximate location and type of stream crossings;

(b) for each stream and wetland

(i) the riparian reserve zone, a description of the purpose and extent of any removal or modification of trees that the person proposes to carry out in the riparian reserve zone and any related forest practices that the person proposes to carry out in this zone, and

(ii) the riparian management zone and a description of the residual basal area or stems per hectare to be retained;

(c) for each lake in and adjacent to the area,

(i) where applicable, the known lake class,

(ii) the information required in paragraph (b) (i) and (ii), and

(iii) the lakeshore management zone and the residual basal area or stems per hectare to be retained.

(5) If harvesting is proposed for areas that are within a riparian management area or lakeshore management area, a person must ensure that the silviculture prescription

(a) states whether falling or yarding across streams will be undertaken and, if falling or yarding across streams will be undertaken, describes the measures for debris management, and

(b) describes the measures for

(i) protecting stream banks, if the stream has no riparian reserve zone, and

(ii) maintaining shade over known temperature sensitive streams.

(6) If harvesting is proposed for a gully on the Coast that is within the area under the silviculture prescription, a person must ensure that the silviculture prescription describes the measures consistent with the gully assessment referred to in section 37 (1) for

(a) debris management,

(b) protecting gully banks, minimizing damage to the understorey and addressing sediment and debris transport potential, and

(c) felling and yarding across gullies, if proposed.

NEW(7) Repealed [B.C. Reg. 350/2002]NEW

(8) A silviculture prescription prepared for commercial thinning, harvesting of poles, sanitation treatments and other intermediate cuttings without regeneration objectives,

(a) need not meet the requirements of subsection (3) (c), (n), (p) and (q), and

(b) must specify that the silviculture prescription only covers commercial thinning, harvesting of poles, sanitation treatments or other intermediate cuttings without regeneration objectives.

 

Exemption from silviculture prescription may be subject to conditions

40. If the district manager exempts a person from the requirement for a silviculture prescription under section 30 of the Act,

(a) the district manager may place conditions on the person, and

(b) the person must comply with the conditions.


NEW NEW indicate most recent changes to this page