STILLWATER PILOT PROJECT REGULATION

B.C. Reg. 96/01, Deposited April 5, 2001
O.C. 0427/01, effective April 5, 2001
consolidated to August 5, 2003

PART 1 - INTERPRETATION

Definitions

1. (1) In this regulation:

"Act" means the Forest Practices Code of British Columbia Act;

"adaptive management" means a systematic process for continually improving management policies and practices by learning from the outcomes of operational programs;

"biological diversity" means the diversity of plants, animals and other living organisms in all their forms and levels of organization and includes diversity of genes, species, ecosystems and the evolutionary and functional processes that link them;

"cutblock" has the same meaning as in the Act and includes an area identified on an operational information map as an area proposed for harvesting;

"cutting permit" means a letter issued by the district manager, authorizing timber harvesting activities under a forest stewardship plan;

"dispersed retention" means a retention system in which, after timber harvesting, the retained individual trees or small groups of trees are generally less than 2 tree lengths apart, but occasionally more if groups are left;

"forest stewardship plan" means the plan described in Part 7 of this regulation;

"forest stewardship zone" means any of the following forest stewardship zones referred to in Part 2 for the purposes of forest planning in the Stillwater area:

(a) timber zones;

(b) habitat zones;

(c) old growth zones;

(d) recreation and tourism zones;

"forest stewardship zones map" means the map in Schedule B;

"group retention" means a retention system in which, after harvesting, portions of the original stand of 0.25 ha or more are retained, with approximately 4 tree lengths or less between the portions;

"habitat zone" means a habitat zone identified on the forest stewardship zones map;

"harvest plan" means a harvest plan referred to in section 26;

"irregular shelterwood" means a silvicultural system in which trees are removed in a series of cuts designed to achieve an uneven-aged stand under the shelter of remaining trees;

"licensee" means the holder of TFL 39;

"management zone" means an area in which timber harvesting is allowed;

"old growth zone" means an old growth zone identified on the forest stewardship zones map;

"old growth timber" means timber that is 250 years and older;

"operational information map" means a map prepared under section 23;

"recreational and tourism zone" means a recreational and tourism zone identified on the forest stewardship zones map;

"reserve zone" means an area in which no timber harvesting is allowed to occur;

"resource objectives" means resource objectives referred to in section 7;

"second growth timber" means timber less than 250 years of age;

"silviculture plan" means a silviculture plan referred to in section 26;

"specific area of concern" means a specific area of concern referred to in section 22;

"Stillwater area" means all Crown and private land within the boundaries of Block 1 of TFL 39, so long as the land continues to be held by the licensee;

"Stillwater pilot project" means the pilot project for the Stillwater area, developed under Part 10.1 of the Act and this regulation;

"TFL 39" means Tree Farm Licence 39, issued under the Forest Act to the licensee and dated March 1, 2000;

"timber zone" means a timber zone identified on the forest stewardship zones map.

(2) The definitions in the Operational and Site Planning Regulation, Timber Harvesting and Silviculture Practices Regulation and the Forest Road Regulation apply to this regulation.

Application of this regulation

2. This regulation applies to the licensee's operations in the Stillwater area during the term of a forest stewardship plan.

Disapplications of provisions of Act and regulations

3. (1) During the term of a forest stewardship plan the following provisions of the Act and regulations do not apply to the licensee within the Stillwater area:

(a) of the Act: sections 21.1, 34, 41 (1) to (3) and (5), 43, 54 (1), 58, 60 (1), 63 (1), (2) and (5), 64 (1), (2), (3) and (5);

(b) of the Operational and Site Planning Regulation: section 7;

(c) of the Timber Harvesting and Silviculture Practices Regulation: section 12 (1).

(2) During the term of a forest stewardship plan, and after the approval of resource objectives under section 7 of this regulation, section 19 of the Act does not apply to the licensee within the Stillwater area.

Disapplications of provisions of Forest Act

4. During the term of a forest stewardship plan, section 35 (1) (d) (i) to (vi) and (ix) of the Forest Act does not apply to the licensee within the Stillwater area.

Application of sections of the Act respecting operational plans

5. The provisions of the Act respecting operational plans apply to forest stewardship plans as if they were operational plans.

Effect of higher level plans

6. Part 2, the forest stewardship zones map and any resource objectives are subject to any higher level plan that applies to the Stillwater area or a part of it.

Resource objectives

7. Before the completion of resource objectives for grizzly bear, marbled murrelet, mountain goat or deer habitat in the Stillwater area to a standard agreeable to the licensee, the district manager and the designated environment official, this regulation applies only to those cutblocks and roads that have been advertised under any forest development plan that is in effect for the Stillwater area at the time of effective date of this regulation.

Consistency test

8. For the purposes of a provision that refers to a forest stewardship plan or a forest practice being consistent or inconsistent,

(a) a forest stewardship plan must be interpreted to be consistent with Division 2 of Part 2, a higher level plan, a resource objective or the forest stewardship zones map if the forest stewardship plan does not materially conflict with any of them, and

(b) the forest practice must be interpreted to be consistent with the forest stewardship plan if the forest practice does not materially conflict with it.