2. OBJECTIVES OF CODE

ALASKA

• to conserve the forest resource
• to control non-point sources of water pollution
• to protect fish habitat from negative impacts of forest practices
• to control mass wasting and soil erosion in non-riparian areas
• to ensure that public (state) lands are managed for sustained yield and multiple use

BRITISH COLUMBIA

• manage forests to meet present needs without compromising the needs of future generations;
• provide stewardship of forests based on an ethic of respect for the land;
• balance productive, spiritual, ecological, and recreational values of forests to meet the economic and cultural needs of peoples and communities, including First Nations;
• conserve biological diversity, soil, water, fish, wildlife, scenic diversity, and other forest resources; and
• restore damaged ecologies (FPC Act, 1994).

CALIFORNIA

• to restore, enhance and maintain productivity of timber lands
• to achieve maximum sustained production of high quality timber products while giving consideration to values related to recreation, watersheds, wildlife, range, fisheries and aesthetic enjoyment
• to consider a range of operational techniques to avoid or substantially reduce adverse impacts of timber harvesting on the environment
• to recognize the importance of regional and site specific variability in forest land management.

FINLAND

Objectives of the 1994 Finnish Forest and Park Service Act are to practice forestry based on general ecological principles and to retain the national heritage of Finland's forests. The objectives of the Act are:

Sustainable Use: Alongside the sustainability of traditional wood production, the aim is ecological sustainability. This means that forest management should not endanger the functioning of ecosystems and their long term production capability.

Multiple Use: The function of the Forest and Park Service is multiple commodity production where many services and products are produced regionally.

Cultural Heritage and Social Values of the Forest: In the Sami (Lapp) homelands, natural resource management, use and protection are being applied in order to safeguard the prerequisites for nature based livelihoods and the Sami culture.

Diversity in the Forest Ecosystem: ... law requires the preservation and appropriate increasing of natural diversity to be taken into consideration .... This objective calls in particular for efforts to preserve threatened species in commercial forests and the safeguarding of the habitats of demanding [2] species (Finnish Forest and Park Service Act, 1994).

GERMANY

The three objectives of the Law on the Conservation of Forests and the Promotion of Forestry are:

• practice sustainable forest management (maintain the commercial, protective, and recreational functions of the forest),
• promote forestry (overcome structural disadvantages between regions and forest owners), and
• create a balance between the goals of the forest owners and the goals of society.

Section 11 of the Federal Forest Act governs forest management. The section states forests must be managed in a sustainable manner and according to the forest objective. This means that protective forests must be managed in such a way as to ensure the protective qualities of the forest are retained. In addition, section 11 states that clearcut areas must be reforested and if the first reforestation attempt fails, the area must be replanted. Successful reforestation is necessary.

Baden-Wurttemberg

The Forest Law has restated the three objectives listed in the Federal Forest Act in Section 1 of their state Forest Law. As well, the sustainable forest management objective includes sustainability of the commercial, protective, and recreational functions.

• to preserve the ecological functioning of the forest;
• provide recreational opportunities;
• improve the forest economy (Kladtke, pers. comm.).

Bavaria

The goal of Bavaria's forest policy, to protect and increase all forest benefits on a long-term basis (Bavarian Ministry of Food, Agriculture, and Forestry, p.3), is in keeping with the federal policy. The objectives of the Forest Law for Bavaria are:

• preserve the forest areas and increase them as required;
• maintain a site-adapted forest or to restore it;
• ensure the protective capacity of the forests and to increase it;
• secure the production of timber and other natural goods by sustained management of the forests and to increase it;
• make possible recreation for the population and to improve the recreational opportunities;
• support and promote the forest owners in the pursuit of such aims;
• provide a balance between the interests of the public and of the forest owners (Bavarian Ministry for Food, Agriculture, and Forestry, 1989).

NOVA SCOTIA

ONTARIO

OREGON

• encourage economically efficient forest practices;
• ensure the continuous growing of forest tree species;
• ensure the maintenance of forest land consistent with sound management of soil, air, water, fish and wildlife, and scenic resources.

Since most of the forest land that falls under state jurisdiction is privately owned, the Act is aimed at forest practices on private lands.

SWEDEN

Production Objective:

Forests and forest land shall be utilized efficiently, aiming at a sustainable and valuable yield. The composition of the forest production must be such, that it has a potential to satisfy different human needs in the future (National Board of Forestry, Sweden's New Forest Policy, 1994).

Environmental Objective:

The productivity of forest land shall be preserved. Biodiversity and genetic variation in the forests shall be secured. Forests must be managed so that plant and animal species which exist naturally in the forest ecosystems, can survive under natural conditions and in vigorous populations. Endangered species and vegetation types shall be protected. The forests' historical, aesthetic, and social values must be defended (National Board of Forestry, Sweden's New Forest Policy, 1994).

TASMANIA

UNITED KINGDOM

U.S. FOREST SERVICE (REGION 6)

The ROD applies to lands managed by the U.S. Forest Service (USFS) and the U.S. Bureau of Land Management (BLM) within the range of the northern spotted owl. In Region 6, this includes those lands in 9 physiographic provinces in western Washington and Oregon: the Washington Olympic Peninsula, Washington Western Lowlands, Washington Western Cascades, Washington Eastern Cascades, Oregon Western Cascades, Oregon Eastern Cascades, Oregon Coast Range, Oregon Willamette Valley and Oregon Klamath. (See Standards and guidelines for management of habitat for late-successional and old-growth forest related species within the range of the Northern Spotted Owl, Attachment A to the ROD, hereafter called Standards and Guidelines).

VICTORIA STATE

The intent of the Code is to ensure that timber growing and harvesting operations to promote an internationally competitive forest industry are conducted on public land, and private land where commercial timber production operations are conducted, in a manner that is compatible with the conservation of the wide range of environmental values associated with those forests (Code, 1989:1). Public lands covered by the Code are managed on a multiple use basis.

WASHINGTON

• adopt a statewide system of laws and regulations to protect public resources;
• encourage profitable use of timber resources;
• promote interagency cooperation;
• mitigate effects of mass earth movements and fluvial processes.

WESTERN AUSTRALIA

3. ADMINISTRATION

ALASKA

Violations, variances and hearings are within the mandate of the State Forester, Regional Forester or other qualified designee. Appeals are heard by the Commissioner of Natural Resources. The Commissioner's decision is the final agency action. His decision can be appealed to the Superior Court.

Alaska is divided into three administrative forest regions:

• Region I - the Coastal Sitka Spruce/Hemlock Region
• Region II - the Interior Spruce/Hardwood Region, South of the Alaska Range
• Region III - the Interior Spruce/Hardwood Region, North and West of the Alaska Range.

The Alaska Coastal Management Program and the Alaska Department of Fish and Game are also involved in regulating forest practices. The Dept. of Fish and Game has jurisdiction over any operations crossing streams or affecting anadromous fish habitat.

BRITISH COLUMBIA

The Ministry of Forests and Ministry of Environment, Lands, and Parks will jointly oversee the implementation and continuing development of the Code. A Forest Practices Board is established under the Act to carry out periodic, independent audits and to monitor the appropriateness of government enforcement. An independent Forest Appeals Commission is also established to hear appeals. A Forest Practices Advisory Council may be established to monitor Code implementation, and to undertake periodic reviews of the requirements that apply to operational planning and forest practices under the Act, the regulations and the standards. (FPC Act, 1994: s. 220).

CALIFORNIA

There are specialized rules for the Tahoe Regional Planning Agency, Coastal Zone Special Treatment Areas and five counties. Such rules are adopted by the Board of Forestry and enforced by the CDF. One section (Article 13) of the California Forest Practice Rules deals specifically with county rules and lists rules for five different counties: Santa Clara, Santa Cruz, Marin, San Mateo and Monterey.

The state is divided into three administrative forest regions: the Coast Forest District, Northern Forest District and Southern Forest District. A High-Use subdistrict of the Southern Forest District recognizes the importance of recreation, water use and urbanization in competing with timber use. The subdistrict includes the counties of Los Angeles, Ventura, Santa Barbara, San Bernardino, Orange, Riverside, Imperial, San Diego, Monterey, San Luis Obispo and those parts of Placer and Eldorado counties that are under the authority of the tristate Tahoe Regional Planning Agency.

Registered Professional Foresters (RPF's) are recognized and licensed under provisions of another act. RPF's are given certain discretionary authority under the Rules: for example, they may prescribe alternate practices to those given in the Rules, but reasons for them must be given in writing. Timber Harvest Plans also must be prepared by an RPF.

Timber operators are required to attend a course on forest practices to obtain a license.

FINLAND

The National Forestry Centres promote private forestry, plan and supervise activities, enforce the prescriptive components of all Acts and regulations concerning private forestry, develop co-operation, lead the advanced training of forestry staff, implement national development projects and trials, select and publish statistical data of private forestry, and edit and publish scientific papers. The Forestry Centres also guide the activities of the District Forestry Boards (National Extension Service, 1994).

The district boards are primarily responsible for enforcement of the prescriptive components of the Act. The district boards also implement and enforce the Forest Improvement and Timber Measurement Laws, and supervise the private forest owners forest management associations (National Extension Service, 1994).

State forests are administered by the Finnish Forest and Park Service. In 1992 the Service was reorganized into business units of Forestry, Nature Protection, Recreational Services, Seed and Plant Production and Natural Resources Development (Finnish Forest and Park Service, 1993). Forestry, Nature Protection and Recreational Services are managed out of 6 regional centres. Each region is divided into districts; there are a total of 24 district offices in Finland. Silvicultural decisions are made at the local district level.

Source: Ministry of Agriculture and Forestry, 1994a. Annex.

Effective January 1, 1994 the Forest and Park Service became a state enterprise. Its duties are to bring income to the state, protect nature, offer recreational services, employ people in remote areas, and consider the traditional rights of use of the Sami people of Northern Finland (J. Heino pers. comm.).

GERMANY

Federal Republic of Germany

The Federal Ministry of Food, Agriculture, and Forestry coordinate and provide a framework, mainly in the area of legislation and promotion (Federal Republic of Germany, 1994). Their tasks are done with the approval of other federal ministries. In addition, the Federal Ministry of Finance manages approximately 400,000 ha of forest land for civil defence and civil aviation purposes.

The federal ministry defines the structure and administers Germany's forest owner associations (Sections 15 to 40, Federal Forest Act). There are three types of associations in Germany: 1) Forest Associations are unions of private forest owners, 2) Community Associations are unions of community forests, and 3) Forest Mergers are unions of more than one forest association or community association. State forests are also members of the forest owner associations. There are 3,449 associations in Germany and they administer forest activities on approximately 2.6 million ha of forest land (1992 figures in Federal Republic of Germany, 1993). The formation of forest associations is encouraged because of their ability to improve forest management. Forest owners with small holdings, sparse woodlands, or restricted road access can benefit economically, when holdings are managed jointly.

Baden-Wurttemberg

Forestry practices are administered at three levels: 1) the Ministry of Agriculture, Forestry, and Food, 2) the Administrative Forest District and 3) the Forest Office. Implementation of the forest law is continuously audited by all three administrative levels.

The Ministry of Food, Agriculture, and Forestry is the highest administrative level. Development of the State Forestry Law and accompanying regulations as well as Law additions or changes are determined by the Ministry of Food, Agriculture, and Forestry.

The second or middle administrative level is the Administrative Forest District. Administrative Forest Districts have discretionary authority over the Forest Offices. Administrative Forest Districts develop forest plans, audit forest offices, handle appeals, market state forest wood and develop some regulations.

The lowest administrative level is the Forest Office. There are 190 forest offices in Baden-Wurttemberg and each Forest Office has authority over approximately 6500 ha of forest land. Forest offices are responsible for operations on state land, distributing funds and advice to community and private forest owners, and auditing the application of the Forest Law. Local district office staff have police-like authority on forest land. Because the area they regulate is fairly small, the history, health and future plans for each forest stand is well known by the local forester (Brunner, pers. comm.).

Bavaria

Administration of the Forest Law in Bavaria is similar to the State structure in Baden-Wurttemberg. The highest administrative level is the State Forest Administration Department of the State Ministry of Food, Agriculture and Forests. It is the responsibility of the administration department to ensure all forest operations (public and private) conform to the forest law. The State forest authorities also develop state legislation, participate in planning procedures, give advice and assistance in private forests and manage state-owned forests.

There are six Administrative Forest Districts, 162 Forest Offices and 1106 local district offices in Bavaria. The duties of each administrative level are similar to the duties described for the Baden-Wurttemberg counterparts.

NOVA SCOTIA

ONTARIO

OREGON

Other agencies involved in administrating forest practices, at least in a review or advisory role, include the state departments of Fish & Wildlife, Environmental Quality and Water Resources. Federal agencies are involved in management and protection of endangered species and anadromous fish.

SWEDEN

TASMANIA

The Forestry Commission and Forestry Department are now a Forestry Corporation known as Forestry Tasmania and forest practices responsibility was transferred to a Forest Practices Board responsible to the Minister of Forests. Implementation of forest practices is by the Chief Forest Practices Officer who supervises the Forest Practices Unit and Forest Practices Officers. Regulations are passed by the Governor on recommendation from the Forest Practices Board. The Forest Practices Board may amend or rescind the Forest Practices Code following consultation with Private Forests Tasmania, the Forest Practices Council and Forestry Tasmania and after advertising the proposed amendments (FPATAS:85 (Sec 32)). Amendments are based on additional information obtained through research, field experience and public input, and any person may request an amendment to the Code. The latest revision was concluded in January 1993 (Wilkinson, pers. comm.). Standards in the Forest Practices Code are applied through approved Timber Harvesting Plans (THPs) (Wilkinson, pers. comm.).

In 1993, the Forest Practices Unit had 8 staff positions to administer the Forest Practices Act and Code. Regulation of Forest Practices is carried out by Forest Practices Planning and Inspecting Officers appointed from Forestry Tasmania, forest companies, and independent consultants.

UNITED KINGDOM

U.S. FOREST SERVICE (REGION 6)

Other resource and environmental agencies are involved, at least in a consultative role, in setting standards. For lands covered in the ROD, other agencies were directly involved through the Forest Ecosystem Management Assessment Team (FEMAT), who defined the alternatives in the SEIS. Through NEPA and the Endangered Species Act, the U.S. Fish and Wildlife Service, U.S. Department of Interior, has decision-making authority on projects where listed species or their habitats are considered to be threatened. Federal lands outside of the National Forest system are under the jurisdiction of several other agencies including the Bureau of Land Management (BLM), U.S. Department of Interior (USDI); the Bureau of Indian Affairs, USDI; National Parks Service, USDI; U.S. Fish and Wildlife Service, USDI; the armed forces. The National Forest system encompasses by far the most forest land in Washington and Oregon. BLM manages significant areas of forest in Oregon: about 2.7 million acres (1.1 million ha), representing roughly ten percent of Oregon's forest land base. Most of the BLM lands are covered by the ROD.

VICTORIA STATE

WASHINGTON

Two state regions, reflecting differing biophysical characteristics and land use, are recognized: Eastern and Western Washington. There are seven regional DNR offices: Central, Northeast, Northwest, Olympic, South Puget Sound, Southeast and Southwest.

WESTERN AUSTRALIA