6.0 Sensitive Areas and Objectives

6.1 Introduction

According to legislation, sensitive areas may be developed for all Crown land and not just provincial forests.

Any legislative requirements for establishing sensitive areas and objectives are presented at the beginning of each chapter 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. However, in certain cases, such as sensitive areas and objectives, the Forest Practices Code of British Columbia Act authorizes the chief forester to provide direction to the district manager. In these cases, policy direction must be followed (see Appendix 1).

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.

6.2 Legislative References

5. (1) If in the opinion of the district manager or a designated environment official special circumstances require that

(a) Crown land, or

(b) private land in a tree farm licence or woodlot licence,

located within the forest district, be treated differently from adjacent lands to manage or conserve the forest resources, the district manager, by written order, may establish the area as a sensitive area in accordance with the regulations and any directions of the chief forester.

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

(d) an objective for a landscape unit or sensitive area,

6.3 Basis for Chief Forester Direction

6.4 Relationship to Other Higher Level Plans

6.4.1 Legislative Reference

5. (9) If an objective for a resource management zone is established or varied for an area that includes a sensitive area, to the extent that the objective for the sensitive area is inconsistent with the objective for the resource management zone, the objective for the resource management zone prevails.

6.4.2 Chief Forester Direction – Policy

Consistency

• In accordance with section 5(9) of the Act, sensitive area objectives must be consistent with resource management zone objectives established by the chief forester. In addition, objectives for sensitive areas should be consistent with the following higher level plans:
  – higher level plans declared by the Lieutenant Governor in Council or the ministers
  – landscape unit objectives established by the district manager.

Candidate areas to be considered

• It is anticipated that these other higher level plans may identify areas as candidates for establishment as sensitive areas. When this happens, the district manager will, when deciding to establish sensitive areas, consider these candidate areas.

Consistency with new higher level plans

• Sensitive areas 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 or ministers, or a resource management zone objective, or a landscape unit objective comes into effect after a sensitive area and objectives have been established, and the sensitive area and objectives are inconsistent with them, the sensitive area and objectives must be amended within one year to ensure consistency. Until the sensitive area and objectives are amended, the resource management zone, the landscape unit objectives or the higher level plan declared by the Lieutenant Governor in Council or the ministers will prevail.

Chief forester to provide direction

• If there are recommendations in a higher level plan declared by the Lieutenant Governor in Council or ministers concerning sensitive area objectives, the chief forester may provide direction to the district manager regarding these recommendations.

Limits to use

• Sensitive areas will not be used where landscape unit objectives are effective in accomplishing the desired result. In a landscape unit, sensitive areas will be used only where the uniqueness or degree of sensitivity of the forest resource warrants special attention.

6.4.3 Chief Forester Direction – Procedures

Process to coincide

• The process to establish sensitive areas and objectives and landscape units and objectives for the same area should coincide to expedite referrals, approvals and advertising.

6.5 Links to Operational Plans

6.5.1 Chief Forester Direction – Policy

Objectives to be established

• Potential sensitive areas may be identified during the development of forest development plans, silviculture prescriptions, range use plans or access management plans. If this occurs, it is important for the agreement holder to convey this recommendation to the district manager in a timely manner to ensure that the establishment of sensitive area objectives does not unreasonably delay proposed development. The sequencing of development proposals may have to be adjusted to provide time to establish objectives.

Operational plans in effect

• An operational plan in effect at the time that a sensitive area and objectives are established is not affected by the establishment of the higher level plan; the operation plan continues to guide operations on the ground and does not have to be amended because the higher level plan is established. 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 should ensure that a sensitive area 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 reflect the higher level plan. These phase-in provisions could deal with setting target dates for implementing individual objectives.

Timing

• Staff also should 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

• Sensitive areas and objectives will normally be designed 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, will be consistent with the established objectives. Furthermore, sensitive areas and objectives should be designed so that landscape level assessments or stand level assessments conducted in conjunction with an operational plan and submitted within four months after the establishment of landscape unit objectives should normally be approved based upon approval criteria in place prior to the establishment of the sensitive area and objectives.

Basis for inconsistency

• The district manager may establish sensitive areas and objectives that are inconsistent with the authorizations and assessments referenced in the preceding point if he/she considers it necessary to adequately manage and conserve forest resources.

Involve agreement holders

• Agreement holders under the Forest Act or the Range Act should normally be involved in a substantive way during the development of the sensitive area and objectives to be established as a higher level plan. Consequently, 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 can be given advance notice before the formal notice of impending order is published.

6.6 Establishment of a Sensitive Area – General

6.6.1 Legislative Reference

See section 5(1) on page 61 of this document.

6.6.2 Chief Forester Direction – Policy

Definition

• Sensitive areas are small areas of land and water that have unique or locally significant forest resources that are frequently sensitive to resource development activities.

Requirement

• As per section 5(1) of the Act, the establishment of a sensitive area requires special circumstances that are not broadly present in the district: the area must be treated differently from adjacent areas, and this treatment must be aimed at managing or conserving forest resources.

Not limited to single feature

• Sensitive areas apply not only when dealing with individual forest resources or resource features. There may be a concentration of forest resources or resource features that enhance site sensitivity and increase the challenge to design appropriate forest practices.

Other means

• If other means exist to manage and conserve the forest resources and these are equally effective and can be developed in a timely manner, the district manager should not establish a sensitive area. For example, an area to be managed for its old growth values may be dealt with more appropriately through a landscape unit objective or as an old growth management area, rather than be established as a sensitive area.

Pilot projects

• The director of Range, Recreation and Forest Practices Branch in consultation with colleagues in the Ministry of Environment, Lands and Parks and in cooperation with Operations Division and other agencies should implement a series of pilot projects to determine appropriate issues to be dealt with through the establishment of sensitive areas and to apply the policies and procedures laid out in this document.

Pilot projects reviewed

• The director of Range, Recreation and Forest Practices Branch in consultation with colleagues in the Ministry of Environment, Lands and Parks must review the outcome of these pilot projects (also in consultation with field staff) and must prepare recommendations for policy and process revisions by March 31, 1997.

Interim

• Until March 31, 1997, district managers should only establish sensitive areas if necessary for the adequate conservation and management of forest resources. District managers are advised to consult with Range, Recreation and Forest Practices Branch during this period if they need to establish any sensitive areas or if they develop policy of their own.

6.6.3 Chief Forester Direction – Procedures

Public and First Nations review

• Provisions for public and First Nations review and comment may be approved by the district manager in some instances if he or she wants additional information of this nature for consideration in making a decision. Section 5.16, dealing with advertising landscape units and objectives for public review and comment, also provides a generally appropriate framework for advertising sensitive areas and objectives for public review and comment.

Process to coincide

• If it is necessary to establish a sensitive area in a proposed landscape unit, the process to establish the sensitive area and objectives and the process to establish the landscape unit and objectives should coincide to expedite referrals, approvals and advertising.

6.7 Boundaries and Affected Area

6.7.1 Chief Forester Direction – Policy

Basis for boundaries

• The boundaries of a sensitive area should be determined based on environmental characteristics, historical and present use, administrative boundaries or a combination of these and other relevant factors. If consistent with the purposes for establishing the sensitive area, sensitive area boundaries should be aligned with boundaries for other purposes.

Maximum size

• Sensitive areas should be up to a maximum size of 1000 hectares.

ESAs

• The term environmentally sensitive areas (ESAs) has been used on forest cover maps. The district manager should, over time, review known ESAs to determine whether any are suitable for establishment as a sensitive area.

6.8 Determining Land Act Interests

6.8.1 Legislative Reference

5. (2) Before establishing a sensitive area, the district manager must obtain the approval of the Minister of Environment, Lands and Parks, or a person authorized by that minister, if land within the proposed sensitive area is subject to an interest issued or granted under the Land Act.

6.8.2 Chief Forester Direction – Procedures

District manager responsibility

• In accordance with section 5(2) of the Act, the district manager will send the authorized person a map of the sensitive area and any appropriate background information, including any knowledge that staff may have of any interest issued or granted under the Land Act. This should be done prior to developing sensitive area objectives.

Details of request

• The authorized person should be requested to determine if there are any interests issued or granted under the Land Act and, if there are, to indicate their approval or otherwise for the establishment of the sensitive area.

• If there are not interests issued or granted under the Land Act, the authorized person should be requested to indicate this as well.

Form letter

• District staff should prepare a form letter to facilitate a response from the authorized person.

6.9 Developing Sensitive Area Objectives

6.9.1 Legislative Reference

5. (3) The district manager must establish objectives for a sensitive area and may vary or cancel an objective.

(4) When establishing, varying or cancelling an objective for a sensitive area, the district manager must do so by written order and in accordance with the regulations and any directions of the chief forester.

6.9.2 Chief Forester Direction – Procedures

Objectives to be developed

• The district manager will develop, in consultation with the designated environment official, objectives to guide the management or conservation of forest resources in the sensitive area except for objectives that apply to recreational resources. Other resource agencies should be consulted where the proposed objectives are applicable to their mandates.

6.10 Documenting the Sensitive Area and Objectives

6.10.1 Chief Forester Direction – Policy

Document to be prepared

• In order to present the sensitive area and objectives in a clear and concise manner, and to provide an appropriate context for review and comment, the district manager will prepare a document that describes the proposed sensitive area and objectives containing the following information:

  – a brief introductory section on the historical and present issues and the reasons for establishing a sensitive area

  – a description of the location and characteristics of the sensitive area (include a clear map(s) in the text) with a focus on characteristics related to the objectives for the area

  – a description of the process used including any public or First Nations input

  – a description of other Forest Practices Code requirements that have been dealt with in the proposed sensitive area, such as riparian management

  – a list of each objective and associated strategies in clear, specific language

  – a description of how the objectives affect the status quo

  – a description of the implementation, monitoring and review strategy with emphasis on links to other higher level plans and to operational plans.

Document to become policy

• When the sensitive area and objectives are established, this document should be approved as district manager policy to guide in the achievement of these objectives.

6.11 Varying or Cancelling Sensitive Areas or Objectives

6.11.1 Chief Forester Direction – Policy

Establishment procedures apply

• The same procedures as outlined for establishing sensitive areas and objectives apply when varying or cancelling them.

Consistency

• As stated, 4(c) plans, TFL management plans and interpretive forest sites, recreation sites and recreation trails must be consistent with sensitive area objectives. However, if these plans produce more accurate data that warrants a variation to the sensitive area objectives, the district manager will consider varying the sensitive area objectives.

Basis for cancellation

• If a sensitive area and its objectives are not varied to reflect changing conditions and other higher level plans and becomes outdated, the district manager will cancel the higher level plan.

Scheduled review

• The sensitive area and its objectives will be reviewed at least every ten years.

6.11.1 Chief Forester Direction – 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.

6.12 Preparing and Referring the Order

6.12.1 Legislative Reference

See section 5(1) on page 61 of this document.

5. (4) When establishing, varying or cancelling an objective for a sensitive area, the district manager must do so by written order and in accordance with the regulations and any directions of the chief forester.

(8) The establishment, variance or termination of a sensitive area 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

7. (2) For the purposes of section 5 (8) (b) of the Act, an order establishing, varying or cancelling a sensitive area or objective may take effect at a time earlier than that set out in section 5 (8) (a) of the Act if the district manager 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.

6.12.2 Chief Forester Direction – Procedures

Date to be set

• In accordance with section 5(8) and Strategic Planning Regulation section 7(2), determine the date that the order should take effect.

Consider timing

• Consider the timing of submission and approval of operational plans in the area when making this determination.

Order to be drafted

• Draft an order that establishes the sensitive area and objectives, including the date the order takes effect, and attaching the objectives and a map (see Appendix 4 for sample format).

Agency review

• Refer the draft order, a map showing the location of the proposed sensitive area and associated documents to appropriate resource agencies for review. Unless otherwise specified in regional agreements, agencies should be requested to provide comments within 45 days.

Advise licence holders

• If the order establishing the sensitive area and objectives is to take effect in less than six months, and the district manager feels it is necessary, advise licence holders who may be affected in the short term by the early establishment of the sensitive area and objectives.

6.13 Obtaining the Approval of the Designated Environment Official

6.13.1 Introduction

6.13.1 Legislative Reference

5. (6) Before establishing, varying or cancelling an objective for a sensitive area respecting a forest resource other than a recreation resource, the district manager must obtain the approval of a designated environment official.

6.13.2 Chief Forester Direction – Procedures

• The approval of the designated environment official must be obtained in writing.

6.14 Filing the Order

6.14.1 Legislative Reference

5. (7) The district manager must file an order establishing, varying or cancelling a sensitive area or objective with the regional manager for the forest region within which the forest district is located.

6.14.2 Chief Forester Direction – Procedures

Review with DEO

• The district manager will review the proposed sensitive area and objectives and agree on any revisions with the designated environment official.

File order

• In accordance with section 5(7) of the Act, the district manager will file the order and map with the regional manager.

6.15 Preparing and Publishing the Notice of Impending Order

6.15.1 Legislative Reference

5. (5) Before establishing, varying or cancelling an objective for a sensitive area, the district manager must provide notice in accordance with the regulations.

See section 5(8) on page 68 of this document.

Strategic Planning Regulation

7. (1) When establishing, varying or cancelling a sensitive area or objective under section 5 of the Act, the district manager must publish in a newspaper a notice stating

(a) that a sensitive area or objective is to be established, varied or cancelled under section 5 of the Act,

(b) the location of the sensitive area

(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 sensitive area or objective;

(ii) in the case of a sensitive area, a copy of the objectives for the area;

(iii) a map showing the location and boundaries of the sensitive area

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

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

(d) the date the order takes effect.

(2) For the purposes of section 5 (8) (b) of the Act, an order establishing, varying or cancelling a sensitive area or objective may take effect at a time earlier than that set out in section 5 (8) (a) of the Act if the district manager 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.

6.15.2 Chief Forester Direction – Procedures

Notice prepared

• In accordance with section 5(5) of the Act and SPR section 7(1), prepare a notice of impending order for publication in a newspaper (see Appendix 7 for sample format).

Rationale

• Where the order to establish the sensitive area and objectives is to take effect less than six months after the order is filed with the regional manager, attach to the order a rationale for this earlier date. A rationale should also be provided in cases where the establishment was not advertised for public review.

Directors informed

• Inform the directors of Resources Inventory Branch and Resource Tenures and Engineering Branch of established sensitive area boundaries so that the inventory and mapping system can be updated and maintained.

6.16 Making Information Available to the Public

6.16.1 Legislative Reference

5. (10) The regional manager and district manager must make available to the public

(a) the order, and

(b) a map showing the boundaries of the sensitive area.

6.16.2 Chief Forester Direction – Procedures

Order available for viewing

• The regional manager and district manager will make the order and a map showing the boundaries of the sensitive area available for viewing at the regional office and district office for a period of 60 days. After the 60 days, this information should be available on request.

• Attach:

  – a copy of the objectives

  – a summary of any revisions made to the sensitive area as a result of review and comment.