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Regulations - Forest Practices Code of BC Act

WOODLOT LICENCE FOREST MANAGEMENT REGULATION

Contents

B.C. Reg. 325/98 Deposited September 23, 1998
O.C. 1202/98 Effective November 30, 1998 (Consolidated to December 12, 2003)

 

PART 1 Definitions and Interpretation
PART 2 Operational Plans
PART 3 General Forest Practices
PART 4 Roads
PART 5 Harvesting Practices
PART 6 Silviculture
PART 7 Riparian Widths
PART 7.1 Ungulate Winter Range and Identified Wildlife
PART 8 Offences
PART 9

SCHEDULE A – Stocking Standards

 

PART 1 - DEFINITIONS AND INTERPRETATION

  Definitions
    1   (1)  In this regulation:
    "access trail" means a trail that
    (a) provides access for equipment between areas of harvesting, or between such areas and roads or landings, and
    (b) is constructed, modified, excavated or bladed, or through frequent use has become established;
 
    "Act" means the Forest Practices Code of British Columbia Act;
 
    "active flood plain" means a level area, with alluvial soils, adjacent to streams that is flooded by stream water on a periodic basis and is at the same elevation as areas showing evidence of
 
    (a) flood channels free of terrestrial vegetation,
    (b) recently rafted debris or fluvial sediments newly deposited on the surface of the forest floor or suspended on trees or vegetation, or
    (c) recent scarring of trees by material moved by flood waters;
 
    "adjacent" means an area contiguous to, or in close proximity to,
    (a) a road or a proposed road, or
    (b) a cutblock
  that due to its location could directly impact on, or be impacted by, a forest practice carried out within the area of the road or cutblock;
 
    "all layers" means the mature layer, the pole layer, the regeneration layer and the sapling layer;
 
    "archaeological impact assessment" means an assessment of archaeological values that meets the requirements of the minister responsible for the Heritage Conservation Act;
 
    "biogeoclimatic ecosystem classification" means a hierarchical classification system of ecosystems that
    (a) integrates regional, local and chronological factors, and
    (b) combines climatic, vegetation and site factors;
 
    "bridge" means a temporary or permanent structure carrying a road above a stream or other opening;
 
    "clearcut" means a silvicultural system that
    (a) removes the entire stand of trees in a single harvesting operation from an area that is
    (i) one ha or greater, and
    (ii) at least 2 tree heights in width, and
    (b) is designed to manage the area as an even-aged stand;
 
    "clearing width" means the width required to be cleared of standing timber to accommodate road construction maintenance or use;
 
    "Coast" means that geographic area contained in
    (a) the Coast forest region, and
    (b) the Kalum forest district in the Northern Interior forest region;
 
    "comprehensive strategy for wildlife tree retention" means a forest cover map of the woodlot licence area that
    (a) identifies the forest cover attributes, size, shape and location of wildlife tree patches or forest cover polygons that are, in whole or in part, composed of trees that
    (i) have at least 2 of the following characteristics:
    (A) internal decay, heartrot or cavities;
    (B) crevices, cracks or loose bark that is suitable for wildlife;
    (C) large brooms;
    (D) active or recent wildlife use;
    (E) current insect infestation;
    (F) structure suitable for wildlife use including, a large nest, a hunting perch or a bear den;
    (G) it is one of the largest trees on site as determined by height or diameter;
    (H) it is a veteran tree;
    (I) it is a locally important wildlife tree species, or
    (ii) are large and stable and will likely develop two or more of the characteristics referred to in subparagraph (i),
    (b) describes in general terms, the species and characteristics of any individual wildlife trees that
    (i) will be retained in addition to wildlife tree patches, and
    (ii) have at least one of the characteristics described in paragraph (a) (i) or are the type of trees described in paragraph (a) (ii), and
    (c) is consistent with objectives for wildlife tree retention specified,
    (i) by the district manager, if there is no higher level plan that specifies wildlife tree retention objectives for the area, or
    (ii) in a higher level plan that applies to the area;
 
    "consistent" means not in material conflict;
 
    "culvert" means
    (a) a pipe, arch or box, or
    (b) a log structure, not greater than 6 m in span
    that is located below the surface of a road and is designed to carry water from one side of the road to the other;
 
    "direct tributary" means the reaches of a tributary stream that have the same stream order as the most downstream reach of the tributary;
 
    "field traverse" means a traverse carried out in the field using a hip chain, a tight chain or a Global Positioning Satellite system;
 
    "fish stream" means a stream that
    (a) is frequented by any of the following species:
    (i) anadromous salmonids;
    (ii) rainbow trout, cutthroat trout, brown trout, bull trout, Dolly Varden char, lake trout, brook trout, kokanee, largemouth bass, smallmouth bass, mountain whitefish, lake whitefish, arctic grayling, burbot, white sturgeon, black crappie, yellow perch, walleye or northern pike;
    (iii) identified threatened or endangered fish classified under section 97.5 (1);
    (iv) regionally important fish classified under section 97.5 (2), or
    (b) has a slope gradient, determined in accordance with the Fish-stream Identification Guidebook, of less than 20%,
    (i) unless the stream has been identified in a fish inventory carried out in accordance with the Fish-stream Identification Guidebook, as not containing any of the species of fish specified in paragraph (a), or
    (ii) unless
    (A) the stream is located upstream of a known barrier to fish passage, identified on a fish and fish habitat inventory map,
    (B) all reaches upstream of the barrier are simultaneously dry at any time during the year, and
    (C) no perennial fish habitats exist upstream of the barrier;
 
    "fisheries-sensitive zone" means a flooded depression, pond or swamp, that
    (a) either perennially or seasonally contains water, and
    (b) is seasonally occupied by a species of fish listed in the definition of "fish stream",
  but does not include a wetland or lake that has a riparian management zone established under Part 7 or a stream;
 
    "forest ecosystem network" means an area
    (a) established under a higher level plan, or
    (b) approved by the district manager and an employee of the Ministry of Environment, Lands and Parks before June 15, 1995,
  for the purpose of maintaining or restoring the natural connectivity within an area, but a forest ecosystem network established under paragraph (b) expires on June 15, 2003;
 
    "free growing date" means the free growing date referred to in section 78 (1);
 
    "general wildlife measure" means a general wildlife measure established under section 97.4;
 
    "harvesting" means the practice of felling and removing trees or the removal of dead or damaged trees from an area;
 
    "harvesting of bark beetle infested timber" means harvesting timber that is infested with larvae or adult bark beetles or must be removed incidentally to facilitate the removal of bark beetle infested timber;
    (a) is infested with larvae or adult bark beetles,
    (b) has been recently killed by bark beetles, or
    (c) must be removed incidentally to facilitate the removal of timber described in paragraphs (a) and (b);
 
    "identified wildlife" means a wildlife species classified as identified wildlife under section 97.4;
 
    "indicators of potential slope instability" means the indicators of potential slope instability as determined in accordance with the procedure set out in the Mapping and Assessing Terrain Stability Guidebook;
 
    "Interior" means that geographic area in British Columbia that is not the Coast;
 
    "intermediate cuttings" means
    (a) the harvesting of timber if
    (i) the harvesting takes place before the final harvest or regeneration cut, and does not result in a requirement to establish a free growing stand on the area, and
    (ii) the majority of the pre-harvest stand volume is not removed, or
    (b) the harvesting of bark beetle infested timber by harvesting scattered trees, small clumps of trees or for access trails required to harvest the timber if, in the opinion of the district manager, the area harvested is too small to require the establishment of a free growing stand;
 
    "known" means, when used to describe a feature, objective or other thing referred to in this regulation as "known", a feature, objective or other thing that is
    (a) contained in a higher level plan, or
    (b) otherwise made available to the holder of the woodlot licence by the district manager at least 4 months before the operational plan is submitted for approval;
 
    "likelihood of landslides" means the likelihood of landslides as determined by a terrain stability field assessment unless the context indicates otherwise;
 
    NEW"major culvert" means a stream culvert that
    (a) is one of the following:
    (i) a pipe diameter of 2 000 mm or greater;
    (ii) a pipe arch with a span greater than 2 130 mm;
    (iii) an open bottom arch with a span greater than 2 130 mm, or
    (b) has a maximum design discharge of 6 m3/s or greater;NEW
 
    "marine-sensitive zones" means herring spawning areas, shellfish beds, marsh areas, aquaculture sites, juvenile salmonid rearing areas and adult salmon holding areas;
 
    "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;
 
    "minor harvesting operations" means, over a 5 year cut control period referred to in the woodlot licence agreement, timber harvesting operations, including the harvesting of special forest products, of a volume not exceeding the greater of
    (a) 500 m3, and
    (b) 10% of the 5 year allowable cut, as defined in section 53 (1) of the Forest Act;
 
    "modification" means, with respect to trails, a significant alteration of an existing trail that involves rebuilding or relocating the trail;
 
    "old growth management area" means an area established under a higher level plan which contains or is managed to replace structural old growth attributes;
 
    "pole layer" means the 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;
 
    "preferred and acceptable species" means the preferred and acceptable species of trees specified in an operational plan, including an expired forest development plan referred to in section 9 (3);
 
    "qualified registered professional" means, with respect to an activity for which this regulation requires a qualified registered professional, a person who
    (a) has appropriate education and experience to carry out the activity, and
    (b) is a member of, or licensed by, a regulatory body in British Columbia that has the legislated authority to regulate its members or licensees performing the activity;
 
    "reach" has the meaning defined in the Fish-stream Identification Guidebook;
 
    "reconnaissance terrain stability map" means a map produced from aerial photographs, with few or no ground checks, that identifies unstable and potentially unstable terrain;
 
    "regeneration date" means the regeneration date referred to in section 77 (1);
 
    "regeneration layer" means the layer of trees that is less than 1.3 m in height;
 
    "riparian class" means a riparian class determined under Part 7;
 
    "riparian management zone" means the area that is contiguous to any riparian reserve zone or if there is no riparian reserve zone, that area located contiguous to a stream, wetland or lake, of a width determined in accordance with Part 7;
 
    "riparian reserve zone" means the area located contiguous to a stream, wetland or lake, of a width determined in accordance with Part 7;
 
    "risk of sediment delivery to streams" means the risk of sediment delivery to streams as determined in accordance with the Hazard Assessment Keys for Evaluating Site Sensitivity to Soil Degrading Processes Guidebook;
 
    "sanitation treatment" means tree removal or modification operations designed to reduce damage caused by forest pests and to prevent their spread;
 
    "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;
 
    "scenic area" means any visually sensitive area or scenic landscape identified through a visual landscape inventory or planning process carried out or approved by the district manager;
 
    "sensitive slopes" means the following areas:
    (a) areas mapped on terrain stability hazard maps as having a moderate or high likelihood of landslides;
    (b) if no terrain stability hazard mapping has been done, areas identified on reconnaissance terrain stability maps as having unstable or potentially unstable terrain;
    (c) if no terrain stability hazard mapping or reconnaissance terrain stability mapping has been carried out, areas with a slope gradient greater than 60%;
    (d) areas with indicators of potential slope instability;
    (e) other areas identified by the district manager as having unstable or potentially unstable terrain;
 
    "sidecast" means the act of moving excavated material onto the downslope side of an excavated or bladed trail or a landing during their construction;
 
    "single tree selection" means a silvicultural system in which age classes are created or maintained by the removal, uniformly throughout the stand, of individual trees of all size classes;
 
    "slash" means the residue left on the ground as a result of forest and other vegetation being altered by forest practices or other land use activities;
 
    "snow course" means permanent sample sites established or approved by the government for the purposes of measuring the water content of the snow pack on a given area;
 
    "soil compaction hazard" means the soil compaction hazard as determined in accordance with procedures set out in the Hazard Assessment Keys for Evaluating Site Sensitivity to Soil Degrading Processes Guidebook;
 
    "soil displacement hazard" means the soil displacement hazard as determined in accordance with procedures set out in the Hazard Assessment Keys for Evaluating Site Sensitivity to Soil Degrading Processes Guidebook;
 
    "soil erosion hazard" means the soil erosion hazard as determined in accordance with procedures set out in the Hazard Assessment Keys for Evaluating Site Sensitivity to Soil Degrading Processes Guidebook;
 
    "standards unit" means a portion of the net area to be reforested that will be managed through the application of the same
    (a) stocking requirements, and
    (b) maximum limit for soil disturbance referred to in section 38;
 
    "stocking requirements" means, in relation to an area where there is no silviculture prescription, the preferred and acceptable species and the stocking specifications for a stand of trees that must be achieved for an area as specified
    (a) in section 77 by the regeneration date, or
    (b) in section 78 by the free growing date;
 
    "stream" means any reach, flowing on a perennial or seasonal basis having a continuous channel bed, whether or not the bed or banks of the reach are locally obscured by overhanging or bridging vegetation or soil mats, if the channel bed
    (a) is scoured by water, or
    (b) contains observable deposits of mineral alluvium;
 
    "temporary bridge" means a bridge whose expected life at its current location is 15 years or less;
 
    "terrain stability field assessment" means an on-site assessment, by a qualified registered professional, of the potential impact of timber harvesting, road construction, modification or deactivation, or the construction of excavated or bladed trails, on terrain stability, carried out in accordance with procedures set out in the Mapping and Assessing Terrain Stability Guidebook;
 
    "terrain stability hazard map" means a detailed map of terrain stability hazards produced at a terrain survey intensity level B or C, in accordance with procedures set out in the Mapping and Assessing Terrain Stability Guidebook;
 
    "threatened or endangered fish" means a fish species that in the opinion of the Deputy Minister of Water, Land and Air Protection, or a person authorized by that deputy minister, is threatened or endangered;
 
    "ungulate winter range" means an area that is identified as being necessary for the winter survival of an ungulate species by any of the following:
    (a) a higher level plan;
    (b) the Deputy Minister of Water, Land and Air Protection under section 97.3;
    (c) a wildlife management plan or strategy approved before October 15, 1998
    (i) by
    (A) the district manager or regional manager, and
    (B) the designated environment official,
    (ii) by the chief forester, or
    (iii) by the ministers authorized to approve such plans
    but a wildlife management plan or strategy approved under this paragraph expires on October 15, 2003, unless
    (iv) modified under paragraph (a) or (b), or
    (v) confirmed before that date under section 97.3;
 
    "visual quality objective" means a resource management objective established by the district manager or contained in a higher level plan that reflects the desired level of visual quality based on the physical characteristics and social concern for the area;
 
    "wetland" means a swamp, marsh or other similar area that supports natural vegetation that is distinct from nearby upland areas;
 
    "wildlife habitat area" means a wildlife habitat area established under section 97.4;
 
    "wildlife habitat feature" means
    (a) a significant mineral lick or wallow,
    (b) an active nest of a bald eagle, osprey or great blue heron, or
    (c) any other localized feature identified by a designated environment official;
 
    "wildlife tree" means a tree with characteristics that provide present or future wildlife habitat;
 
    "wildlife tree patch" means a group of trees that provide present or future wildlife habitat.
 
    (2) In this regulation, and in the Act with respect to woodlot licence areas:
 
    "compacted area" means an area of soil that
    (a) is greater than 100 m2 in area and greater than 5 m wide,
    (b) has a moderate, high or very high soil compaction hazard or the assessment of its soil compaction hazard was not documented in an operational plan,
    (c) has been compacted by equipment travelling over it, and
    (d) has one or more of the following attributes:
    (i) altered soil structure or increased density relative to the surrounding undisturbed soil;
    (ii) soil puddling;
    (iii) compacted deposits of forest floor, fine slash, and woody debris overlaying or crushed into the mineral soil;
 
    "corduroyed trail" means logs and woody debris placed side-by-side to form a surface greater than 2 m in length capable of supporting equipment traffic;
 
    "deactivation" means closure and stabilization of a road that will no longer be used by the person who is required to deactivate it under section 64 of the Act, so that the area over which the road was constructed will be stable and will not adversely impact other resources;
 
    "dispersed disturbance" means,
    (a) in relation to a cutblock area, a minor harvesting operations area or a minor salvage operations area, where there is no silviculture prescription, any of the following types of disturbance to the soil caused by a forest practice on the area:
    (i) an area of soil that is at least 1 m x 2 m in area and that otherwise meets the definition of "compacted area";
    (ii) a rut in the soil that
    (A) is at least 30 cm x 2 m, and
    (B) has a minimum depth, for a distance of at least 2 m, of
    (I) 15 cm from the surface of the undisturbed forest floor, or
    (II) 5 cm from the surface of the undisturbed mineral soil, if the area has a high or very high soil compaction hazard or the assessment of its soil compaction hazard was not documented in an operational plan;
    (iii) an excavation into mineral soil that is
    (A) deeper than 30 cm,
    (B) deeper than 5 cm if it covers
    (I) at least 80% of a 1.8 m x 1.8 m area, or
    (II) an area of at least 1 m x 3 m, or
    (C) to the depth of bedrock;
    (iv) an area in which the forest floor has been removed from
    (A) over 80% of a 3 m x 3 m area, or
    (B) over 80% of a 1.8 m x 1.8 m area if the area
    (I) has a moderate or high likelihood of landslides,
    (II) has a very high soil erosion hazard,
    (III) has a very high soil compaction hazard,
    (IV) has a very high soil displacement hazard, or
    (V) has not had hazards relating to soil compaction, soil displacement or soil erosion documented in an operational plan, or
    (b) in relation to an area covered by a silviculture prescription, any type of disturbance to the soil described in paragraph (a) that is caused by a forest practice on the area, unless the disturbance is part of a temporary access structure that was rehabilitated to the satisfaction of the district manager;
 
    "excavated or bladed trail" means a constructed trail that has
    (a) an excavated or bladed width greater than 1.5 m, and
    (b) a mineral soil cutbank height greater than 30 cm;
 
    "minor salvage operation" means any harvesting of timber that
    (a) is dead, infested with pests or otherwise damaged or that is required to be harvested to facilitate the removal of the dead, infested or damaged timber, or
    (b) is required as part of a sanitation treatment, and
  is of a total volume not exceeding 2 000 m3, excluding the volume harvested from any road clearing width, if the road is required to facilitate the removal of timber referred to in paragraph (a) or (b);
 
    "permanent access structure" means
    (a) a road, landing, pit or quarry, within a cutblock, unless it is identified in an operational plan as requiring rehabilitation, and
    (b) a trail or other similar structure that is identified in an operational plan as being a permanent access structure;
 
    "resource feature" means a resource feature as defined in section 51 (1) of the Act, and includes the following:
    (a) wildlife habitat feature;
    (b) stream, wetland and lake;
    (c) government approved experimental project, growth and yield plot, operational trial and research installation;
    (d) recreation facility;
    (e) snow course;
    (f) domestic water supply intake and related water supply infrastructure;
    (g) marine-sensitive zone;
 
    "stocking requirements" means, in relation to an area where there is a silviculture prescription, the stocking specifications set out in section 22.1 (3) (e) and (f);
 
    "temporary access structure" means
    (a) an excavated or bladed trail that is not identified in an operational plan as a permanent access structure,
    (b) a main skid trail, backspar trail, corduroyed trail or similar structure, that is identified in an operational plan as a temporary access structure, or
    (c) a road, landing, pit or quarry, that is identified in an operational plan as a temporary access structure.
 
   

 
  Interpretation
    2 (1) Distances referred to in this regulation are horizontal distances except in relation to the widths of riparian reserve zones and riparian management zones, which are slope distances.
 
    (2) In this regulation, references to the district manager include references to a designated forest official authorized by the district manager unless
    (a) the reference is with respect to the approval of
    (i) a forest development plan, or
    (ii) an amendment to a forest development plan other than a minor amendment, or
    (b) the context dictates otherwise.
 
    (3) In this regulation, references to the following are references to Ministry of Forests' publications of the same name, as amended from time to time:
    (a) Fish-stream Identification Guidebook;
    (b) Gully Assessment Procedure Guidebook;
    (c) Hazard Assessment Keys for Evaluating Site Sensitivity to Soil Degrading Processes Guidebook;
    (d) Mapping and Assessing Terrain Stability Guidebook;
    (e) Seed and Vegetative Material Guidebook.
 
    (4) Repealed.   [B.C. Reg. 350/2002, Sch. K]
 
    (5) For the purposes of section 96 (1) (f) and (2) of the Act, a holder of a woodlot licence is authorized to cut, remove, damage or destroy Crown timber in the course of fire control or suppression operations.
 
    (6) For the purposes of section 96 (1) (f.1) and (2) of the Act, a holder of a woodlot licence is authorized to cut, remove, damage or destroy Crown timber on an area if the cutting, damaging or destruction of the timber happens in the course of carrying out silviculture treatments, or any other activity that is
    (a) ancillary to the purposes of the Act,
    (b) authorized by the district manager, or,
    (c) funded under the Forest Investment Vote in the estimates of the ministry.
 
    (7) This regulation is a prescribed enactment for the purposes of section 96 (1) (g) (iii) of the Act.
 
   

  Application
    3 (1) This regulation applies to the holder of a woodlot licence, and that person's employee, agent, contractor or subcontractor, who is carrying out an activity, or who is required to carry out an activity,
    (a) on or in relation to the woodlot licence area, or
    (b) on or in relation to an area under a road permit that provides access to the woodlot licence area.
 
    (2) The Forest Road Regulation, the Operational and Site Planning Regulation and the Timber Harvesting and Silviculture Practices Regulation do not apply to a person referred to in subsection (1), despite any provision in those regulations to the contrary
 
    (3) Repealed.   [B.C. Reg. 350/2002, Sch. K]
 
   

  Workers Compensation Act prevails
    4   If there is a conflict between the Workers Compensation Act or a regulation made under that Act, and this regulation, the Workers Compensation Act or the regulation made under that Act prevails.



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