4.0 Resource Management Zones and Objectives

4.1 Introduction

Any legislative requirements are presented at the beginning of each section and are referenced during the discussion of policy and procedures where they are relevant.

Policy defined

Policy, as presented in this document, deals with fundamental principles and matters that are considered before decisions are made. Policy assists the decision-maker to structure his or her thinking in order to reach a decision. Generally, policy is not binding on the decision-maker given the discretionary nature of his or her statutory powers.

Procedure defined

Procedures, on the other hand, deal with process – the steps to be followed prior to making a decision or to implementing the decision once it is made. In general, decision-makers and support staff should consistently follow the procedures presented here.

This chapter refers to resource management zones established by the chief forester pursuant to section 3 of the Act. Resource management zones in this context are administratively different from zones declared as a higher level plan by the Lieutenant Governor in Council or the ministers.

In addition to the legislative references listed below, also refer to Land and Resource Management Planning: A Statement of Principles and Process.

4.2 Legislative References

Section 1(1) of the Act defines the concept of higher level plan to include:

(c) an objective for a resource management zone

Section 105 of the Act deals with the recreational and non-recreational use of resource management zones.

4.3 The Basis for Chief Forester Policy and Procedures

4.4 Characteristics of Resource Management Zones

4.4.1 Introduction

Possible use

It is anticipated that resource management zones may be used to complement or supplement plans declared by the Lieutenant Governor in Council or the ministers, or possibly to provide interim direction on special situations pending declaration of a higher level plan by the Lieutenant Governor in Council or the ministers.

Zones created through other plans

When a plan such as a land and resource management plan or a regional plan has been declared a higher level plan by the Lieutenant Governor in Council or the ministers under Part 1 of the Act, it usually contains zones. These zones and their objectives, part of a declared higher level plan, provide direction to operational activities, and do not require establishment as resource management zones pursuant to section 3 of the Act to have effect.

4.4.2 Chief Forester Policy

Use and definitions

Resource management zones may be used as divisions or zones of a planning area that are distinct from other zones with respect to biophysical characteristics, resource issues or resource management direction. They may be defined using descriptive objectives and strategies to describe future land use and resource management activities.

Role to be reviewed

The development of policy concerning the role of resource management zones must await and will be affected by whether Lieutenant Governor in Council or ministers declared higher level plans will accomplish similar objectives to those that the chief forester has laid out for resource management zones in the preceding point. Therefore, the chief forester has directed the director of Range, Recreation and Forest Practices Branch, in consultation with colleagues in the Ministry of Environment, Lands and Parks, to monitor the impact of Lieutenant Governor in Council or ministers declared higher level plans in accomplishing these objectives and to prepare an assessment and policy recommendations on this matter by March 31, 1997.

Establish upon direction

In the interval, the chief forester will establish resource management zones where specifically directed to do so by the Lieutenant Governor in Council or the ministers.

Without direction

In the absence of Cabinet direction on resource management zone objectives, the chief forester will establish resource management zone objectives under Part 3 of the Act if needed to add further detail to operationalize objectives from a higher level plan declared by the Lieutenant Governor in Council or the ministers. Alternatively, the chief forester will consider the establishment of resource management zone objectives as an interim measure until the completion of another higher level plan (e.g., completion and declaration of a land and resource management plan as a higher level plan).

4.5 Relationship to Other Higher Level Plans

4.5.1 Chief Forester Policy

Consistency with current higher level plans

The chief forester will ensure resource management zones and objectives are consistent with any applicable higher level plans declared by the Lieutenant Governor in Council or the ministers, unless otherwise directed by the Lieutenant Governor in Council or the ministers.

Consistency with new higher level plans

Resource management zones and objectives may be established in the absence of other higher level plans. However, when a higher level plan declared by the Lieutenant Governor in Council comes into effect after resource management zone objectives have been established, and the resource management zone objectives are inconsistent with the higher level plan declared by the Lieutenant Governor in Council, the resource management zone objectives must be amended within one year to ensure consistency. Until the resource management zone objectives are amended, the higher level plan declared by the Lieutenant Governor in Council or ministers will prevail.

4.6 Links to Operational Plans

4.6.1 Chief Forester Direction – Policy

Requirements to be achievable

Ministry staff involved in the preparation of resource management zones will ensure that the management objectives and strategies as well as specified implementation dates are technically sound and achievable. Once a resource management zone is established as a higher level plan, operational plans pertaining to the same area can only be approved if they are consistent with that higher level plan.

Operational plans in effect

An operational plan in effect at the time that a higher level plan is established is not affected by the establishment of the higher level plan; the operational plan continues to guide operations on the ground and does not have to be amended because the higher level plan is declared. However, after the higher level plan is established, the next operational plan or amendment prepared must be consistent with the higher level plan before the new operational plan can be approved.

Phase-in

To ensure continuity of operational plan activity, staff will ensure that a resource management zone and objectives proposed for establishment as a higher level plan includes phase-in provisions. These provisions should allow a smooth transition from the operational plans in effect at the time the higher level plan is established to new operational plans that will be consistent with the higher level plan. These phase-in provisions could deal with setting target dates for implementing individual objectives.

Timing

Staff also will ensure that the date the higher level plan comes into effect meshes smoothly with the operational plan development, review and approval cycle.

Operations affected by phase-in

It is recommended standard practice to design the establishment of resource management zone objectives so that work, such as cutting authorities, logging plans, road permits or silviculture prescriptions previously approved by the district manager and having had public review, should not normally have to be amended for consistency with a newly approved higher level plan when the forest development plan is next approved. This should be the case unless the higher level plan specifically requires such an amendment. Furthermore, and unless specified in the higher level plan, landscape level assessments or stand level assessments conducted in cooperation with an operational plan and submitted within four months after the declaration of the higher level plan should be approved based on approval criteria in place prior to the higher level plan.

Accomplishing phase-in

The approach to phase-in expressed in the previous point may be accomplished by designing the establishment of the higher level plan so that the new direction applies to the affected operating areas only after the authorized activities have been completed or the authorizations have expired.

Involve agreement holders

Agreement holders under the Forest Act or the Range Act should normally involved in a substantive way during the development of the resource management zone and objectives to be established as a higher level plan. Therefore, they usually have ample time and opportunity to begin to design forest practices that will ultimately be consistent with the general intent of the proposed higher level plan.

Advance notice

Agreement holders should be given advance notice before the formal notice of impending order is published.

4.7 Establishing Resource Management Zones and Objectives

4.7.1 Legislative References

3. (1) To ensure that Crown land in a Provincial forest and private land in a tree farm licence or woodlot licence are managed and used in accordance with section 2 and the regulations, the chief forester, by written order, may establish an area of land as a resource management zone, and may vary the boundaries of the zone or cancel the zone,

(a) in accordance with directions from the Lieutenant Governor in Council, or

(b) if the Lieutenant Governor in Council has not issued directions to the chief forester with respect to an area, in accordance with directions approved by the ministers.

(2) The chief forester must establish objectives for a resource management zone and may vary or cancel an objective.

(3) When establishing, varying or cancelling an objective for a resource management zone the chief forester must do so by written order and in accordance with the regulations and any directions from the Lieutenant Governor in Council or the ministers.

4.7.2 Chief Forester Policy

Criteria to be met

In cases where a resource management zone and objectives are developed in the absence of a higher level plan declared by the Lieutenant Governor in Council or the ministers (such as an LRMP), the chief forester will normally proceed, unless otherwise directed by the Lieutenant Governor in Council or ministers, only after the following criteria have been met:

– the implications for all significant resource values have been considered

– the public and First Nations have been consulted

– an interagency review has been conducted

– the management direction has been integrated with any ongoing regional or sub-regional planning processes (see Figure 3).

Staff advising the chief forester should consult the document Land and Resource Management Planning: A Statement of Principles and Process, which lays out an approach for dealing with these criteria that the chief forester generally finds to be acceptable.

4.8 Varying or Cancelling Resource Management Zones and Objectives

4.8.1 Legislative References

See section 3(1) and section 3(2) on page 28 of this document.

4.8.2 Chief Forester Policy

Consistency

As stated, TFL management plans, interpretive forest sites, recreation sites and recreation trails, 4(c) plans, sensitive area objectives and landscape unit objectives must be consistent with resource management zone objectives. However, if these plans produce more accurate data, warranting a variation to resource management zone objectives, the chief forester should consider varying the resource management zone objectives.

Variation or cancellation

The same policies and procedures as outlined for establishing resource management zones and objectives apply when varying or cancelling them.

4.8.3 Chief Forester Procedures

Varying orders

When an order that varies an earlier order takes effect, the earlier order should be marked to indicate that it has been amended and should reference the new order.

Include unvaried content from old order

When feasible, an order varying an earlier order could restate the portions of the earlier order that remain in effect and then list the portions that are changed, giving the date the changes take effect. The original order should be cancelled.

4.9 Assignment of Responsibility

4.9.1 Legislative Reference

3. (5) The chief forester may delegate in writing to an employee of the Ministry of Forests, the chief forester's authority to establish, vary or cancel objectives for a resource management zone and may limit or cancel the delegation.

4.9.2 Chief Forester Policy

Delegation

The chief forester will not normally delegate authority to establish, vary or cancel objectives for a resource management zone. The following assignment of responsibilities are purely procedural steps to be followed by staff.

4.9.3 Chief Forester Procedures

Assignment of steps

The chief forester has decided that for administrative efficiency, the chief forester may assign certain steps to the director of Range, Recreation and Forest Practices Branch, and may request the regional manager to assist by undertaking other steps outlined below, provided these steps are purely administrative.

4.10 Preparing the Order

4.10.1 Legislative Reference

See section 3(1) and section 3(3) on page 28 of this document.

3. (7) The establishment, variance or cancellation of a resource management zone or objective takes effect

(a) 6 months after the order is filed with the regional manager, or

(b) if authorized by the regulations and in accordance with the regulations, at an earlier time specified in the order.

Strategic Planning Regulation

3. (4) For the purposes of section 3(7)(b) of the Act, an order establishing, varying or cancelling a resource management zone or objective may take effect at a time earlier than that set out in section 3(7)(a) of the Act if

(a) authorized by the ministers, or

(b) the chief forester is of the opinion that the order should take effect at an earlier time so as to adequately manage and conserve the forest resources of British Columbia.

4.10.2 Chief Forester Policy

Operational plans

The status of operational plans in the area will be considered by the chief forester when making determination of the date that the resource management zone and objectives should take effect.

4.10.3 Chief Forester Procedures

• In cooperation with regional staff and in accordance with the chief forester's directions, draft orders for the consideration of the chief forester that establish the resource management zones and objectives, including the date the plan takes effect and including a map (see Appendix 4 for sample format).

The regional manager is requested to:

Consultation

If the chief forester proposes to add further detail to a zone or objective that is contained in a higher level plan declared by the Lieutenant Governor in Council or the ministers in a way that would impact the mandate of another agency, consult with other affected agencies on behalf of the chief forester regarding the proposed refinement, and refer their comments to the chief forester.

Notification of licence holders

If the resource management zones and objectives are to take effect in less than 6 months, and the chief forester has assessed that licence holders will be affected, notify those affected licence holders of the early establishment of the resource management zones and objectives.

4.11 Advertising for Public Review and Comment

4.11.1 Legislative References

3. (4) Before establishing, varying or cancelling a resource management zone or objective in a way that significantly affects the public, the chief forester must provide for review and comment in accordance with the regulations.

Strategic Planning Regulation

2. (1) Before establishing, varying or cancelling a resource management zone or objective under section 3 of the Act, the chief forester must publish in the Gazette and in a newspaper a notice stating

(a) that a resource management zone or objective is proposed to be established, varied or cancelled under section 3 of the Act,

(b) the location of the resource management zone

(i) that is proposed to be established, varied or cancelled, or

(ii) to which the objective proposed to be established, varied or cancelled relates,

(c) that the following are available at the ministry regional office and district office:

(i) a copy of the proposed order establishing, varying or cancelling the resource management zone or objective;

(ii) in the case of a resource management zone, a copy of the proposed or established objectives for the zone;

(iii) a map showing the location and boundaries of the resource management zone

(A) that is proposed to be established, varied or cancelled, or

(B) to which the objective proposed to be established, varied or cancelled relates, and

(d) that comments on the proposal may be delivered to the ministry regional office or district office within 60 days of the date of the last publication of the notice in the Gazette or newspaper.

(2) Despite subsection (1) (d), if the order establishing, varying or cancelling the resource management zone or objective is to take effect, under section 3 (4), before the 60 day period referred to in subsection (1) (d) expires, the 60 day period is reduced to a period commensurate with the time that the order takes effect.

(3) If the 60 day period is reduced to less than 15 days under subsection (2), subsection (1) does not apply.

4.11.2 Chief Forester Procedures

Preparation of notice

In accordance with SPR sections 2(1), 2(2) and 2(3), if public review and comment is required, prepare a notice for publication in the Gazette and in a newspaper (see Appendix 5 for sample format). The public will have up to 60 days based on the date of last publication to review the proposed resource management zones and objectives at the ministry regional and district offices. If the resource management zone and objectives are to take effect within 60 days of the order being filed, the review period will be reduced to a period commensurate with the time that the order takes effect.

Prepare and publish notice in accordance with the above noted requirements.

Compile and summarize comments and forward the comments and summary to the chief forester.

4.12 Incorporating Comment and Filing the Order

4.12.1 Legislative References

3. (6) The chief forester must file an order establishing, varying or cancelling a resource management zone or objective with the regional manager for the area affected by the order.

4.12.2 Procedures

• Make any changes to the order considered necessary by the chief forester.

• After the order is finalized, instruct the director, Range, Recreation and Forest Practices Branch to forward the order to the regional manager for filing.

4.13 Preparing and Publishing the Notice of Impending Order

4.13.1 Legislative References

See section 3(7) on page 31 of this document.

Strategic Planning Regulation

3. (1) When establishing, varying or cancelling a resource management zone or objective under section 3 of the Act, the chief forester must publish in the Gazette and in a newspaper a notice stating

(a) that a resource management zone or objective is to be established, varied or cancelled under section 3 of the Act,

(b) the location of the resource management zone

(i) that is to be established, varied or cancelled, or

(ii) to which the objective to be established, varied or cancelled relates,

(c) that the following are available at the ministry regional office and district office:

(i) a copy of the order establishing, varying or cancelling the resource management zone or objective;

(ii) in the case of a resource management zone, a copy of the objectives for the zone;

(iii) a map showing the location and boundaries of the resource management zone

(A) that is to be established, varied or cancelled, or

(B) to which the objective to be established, varied or cancelled relates;

(iv) a summary of any revisions made to the resource management zone or objective as a result of the review and comment under section 2, and

(d) the date the order takes effect.

(2) If review and comment was not required under subsection 2(2), the notice referred to in subsection (1) need not contain the summary referred to in subsection (1) (c) (iv).

(3) Despite subsection (1), the notice required by that subsection need not be published if the chief forester is of the opinion that the establishment, variance or cancellation of the resource management zone or objective does not significantly affect the public.

(4) For the purposes of section 3 (7) (b) of the Act, an order establishing, varying or cancelling a resource management zone or objective may take effect at a time earlier than that set out in section 3 (7) (a) of the Act if

(a) authorized by the ministers, or

(b) the chief forester is of the opinion that the order should take effect at an earlier time so as to adequately manage and conserve the forest resources of British Columbia.

9. If the requirement for a notice has been waived under section 3 (3), 6 (3) or 8 (2), the establishment, variance or cancellation of the zone, unit, site, trail or objective must be included in the ministry annual report for the year in which the establishment, variation or cancellation took place.

4.13.2 Procedures

Prepare notice

In accordance with Strategic Planning Regulation (SPR) section 2(1), prepare a notice of impending order for publication in the Gazette and in at least one newspaper (see Appendix 7 for sample format).

Basis for backgrounder

Where the order establishing the resource management zone and objectives is to take effect less than six months after the order is filed with the regional manager, attach to the order a backgrounder explaining the chief forester's rationale for this earlier date in consultation with the director of Range, Recreation and Forest Practices Branch. A backgrounder should also be provided in cases where the establishment was not advertised for public review.

Notice from director

Where the order establishing the zone and objectives is to take effect within 14 days after the filing of the order, the regional manager will be notified by the director of Range, Recreation and Forest Practices Branch at least two weeks before the order is to be filed to ensure that the notice of impending order will be ready for immediate publication.

Inclusion in annual report

In accordance with SPR section 9, where the chief forester determines that a notice of impending order is not required, summarize this information for inclusion in the ministry annual report for the year in which the changes took place.

Basis for publication

Notice of impending orders will be published, except in the case of a minor variation where the management intent for the area remains unaffected.

Distribution

Forward copies of the order establishing the resource management zones and objectives, along with accompanying maps and related documents to district offices.

Notify branches

Inform the directors of Resources Inventory Branch and Resource Tenures and Engineering Branch of established resource management zone boundaries so that the inventory and mapping system can be updated and maintained.

4.14 Making Information Available to the Public

4.14.1 Legislative References

3. (8) The regional manager must make available to the public,

(a) the order, and

(b) a map showing the boundaries of the resource management zone.

4.14.2 Procedures

Public viewing

The regional manager will make the order and a map showing the boundaries of the resource management zone available for viewing at the regional and district offices for a period of 60 days. After 60 days, this information should be available on request.

Attach:

– a copy of the objectives
– a summary of any revisions made to the resource management zone as a result of review and comment.