| Part 1 — Interpretation |
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Definitions |
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1 |
(1) |
In this regulation: |
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"adaptive management" means a systematic process for continually improving management policies and practices by learning from the outcomes of operational programs; |
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"biological diversity" means the diversity of plants, animals and other living organisms in all their forms and levels of organization and includes diversity of genes, species, ecosystems and the evolutionary and functional processes that link them; |
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"Code" means the Forest Practices Code of British Columbia Act as it was immediately before January 31, 2004; |
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"Code regulations" means the regulations under the Forest Practices Code of British Columbia Act as they were immediately before January 31, 2004; |
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"cutblock" has the same meaning as in the Act and includes an area identified on an operational information map as an area proposed for harvesting; |
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"cutting permit" means a letter issued by the district manager, authorizing timber harvesting activities under a Stillwater pilot forest stewardship plan; |
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"dispersed retention" means a retention system in which, after timber harvesting, the retained individual trees or small groups of trees are generally less than 2 tree lengths apart, but occasionally more if groups are left; |
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"forest stewardship zone" means any of the following forest stewardship zones referred to in Part 2 for the purposes of forest planning in the Stillwater area: |
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(a) |
timber zones; |
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(b) |
habitat zones; |
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(c) |
old growth zones; |
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(d) |
recreation and tourism zones; |
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"Forest Road Regulation" means the Forest Road Regulation as it was immediately before January 31, 2004; |
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"forest stewardship zones map" means the map in Schedule B; |
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"FRPA forest stewardship plan" means a forest stewardship plan described in section 3(1) of the Forest and Range Practices Act; |
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"group retention" means a retention system in which, after harvesting, portions of the original stand of 0.25 ha or more are retained, with approximately 4 tree lengths or less between the portions; |
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"habitat zone" means a habitat zone identified on the forest stewardship zones map; |
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"harvest plan" means a harvest plan referred to in section 26; |
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"irregular shelterwood" means a silvicultural system in which trees are removed in a series of cuts designed to achieve an uneven-aged stand under the shelter of remaining trees; |
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"licensee" means the holder of TFL 39; |
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"management zone" means an area in which timber harvesting is allowed; |
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"old growth zone" means an old growth zone identified on the forest stewardship zones map; |
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"old growth timber" means timber that is 250 years and older; |
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"Operational and Site Planning Regulation" means the Operational and Site Planning Regulation as it was immediately before January 31, 2004; |
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"operational information map" means a map prepared under section 23; |
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"recreational and tourism zone" means a recreational and tourism zone identified on the forest stewardship zones map; |
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"reserve zone" means an area in which no timber harvesting is allowed to occur; |
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"resource objectives" means resource objectives referred to in section 7; |
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"second growth timber" means timber less than 250 years of age; |
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"silviculture plan" means a silviculture plan referred to in section 26; |
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"specific area of concern" means a specific area of concern referred to in section 22; |
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"Stillwater area" means all Crown and private land within the boundaries of Block 1 of TFL 39, so long as the land continues to be held by the licensee; |
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"Stillwater pilot forest stewardship plan" means a forest stewardship plan approved under Part 6 of this regulation; |
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"Stillwater pilot project" means the pilot project for the Stillwater area, developed under Part 10.1 of the Act and this regulation; |
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"TFL 39" means Tree Farm Licence 39, issued under the Forest Act to the licensee and dated March 1, 2000; |
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"Timber Harvesting and Silviculture Practices Regulation" means the Timber Harvesting and Silviculture Practices Regulation as it was immediately before January 31, 2004; |
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"timber zone" means a timber zone identified on the forest stewardship zones map. |
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(2) |
The definitions in the Operational and Site Planning Regulation, Timber Harvesting and Silviculture Practices Regulation and the Forest Road Regulation apply to this regulation. |
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Circumstances where this regulation ceases to apply |
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1.1 |
(1) |
If a FRPA forest stewardship plan prepared by the licensee |
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(a) |
includes one or more areas of the Stillwater area within one or more forest development units, and |
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(b) |
is approved by the minister under the Forest and Range Practices Act, |
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this regulation ceases to apply to the following areas within the Stillwater area: |
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(c) |
the area that, on the coming into force of this section, |
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(i) |
has not been subject to a cutting permit issued under this regulation, or |
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(ii) |
is not subject to an application for a cutting permit under this regulation; |
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(d) |
each area in respect of which |
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(i) |
a cutting permit has been issued under this regulation, and |
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(ii) |
on the coming into force of this section, all obligations under Part 11 of the Forest and Range Practices Act and this regulation that apply to the area in respect of the cutting permit, are fulfilled; |
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(e) |
each area in respect of which |
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(i) |
a cutting permit has been issued under this regulation, and |
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(ii) |
after the coming into force of this section, all obligations under Part 11 of the Forest and Range Practices Act and this regulation that apply to the area in respect of the cutting permit, are fulfilled; |
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(f) |
each area that is identified in a notice given to the minister under subsection (2). |
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(2) |
The licensee may, at any time, in a notice given to the minister, identify an area within the Stillwater area in respect of which |
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(a) |
a cutting permit has been issued or, before the coming into force of this section, was applied for under this regulation, and |
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(b) |
obligations under Part 11 of the Forest and Range Practices Act and this regulation have not been fulfilled. |
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(3) |
The Forest and Range Practices Act, the regulations under that Act and the licensee's FRPA forest stewardship plan apply to those portions of the Stillwater area to which, under subsection (1), this regulation ceases to apply. |
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(4) |
Nothing in subsection (3) requires the licensee to amend the FRPA forest stewardship plan or the Stillwater pilot forest stewardship plan. |
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Effect of approval of a FRPA forest stewardship plan on cutting permits |
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1.2 |
(1) |
If the term of a FRPA forest stewardship plan under section 1.1 begins before the coming into force of this section, |
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(a) |
no cutting permit may be applied for under this regulation after the coming into force of this section, and |
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(b) |
cutting permits may be issued under this regulation in respect of an application made before the coming into force of this section. |
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(2) |
If the term of a FRPA forest stewardship plan under section 1.1 begins on or after the coming into force of this section, |
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(a) |
no cutting permit may be applied for under this regulation after the approval of the forest stewardship plan, and |
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(b) |
cutting permits may be issued under this regulation in respect of an application made before the approval of the forest stewardship plan. |
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(3) |
The licensee must obtain a road permit for roads described in section 1.1 (2). |
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Effect and term of Stillwater pilot forest stewardship plan |
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2 |
(1) |
Subject to section 1.1 (1), sections 3 to 88 apply to the licensee's operations in the Stillwater area that are subject to a Stillwater pilot forest stewardship plan. |
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(2) |
A Stillwater pilot forest stewardship plan ceases to have effect |
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(a) |
if the Stillwater pilot forest stewardship plan is replaced by another Stillwater pilot forest stewardship plan, or |
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(b) |
in respect of an area if, in accordance with section 1.1 (1), this regulation ceases to apply to the area. |
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Disapplications of provisions of Code and Code regulations |
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3 |
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The following provisions of the Code and the Code regulations do not apply to the licensee within the Stillwater area in respect of areas that are subject to a Stillwater pilot forest stewardship plan: |
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(a) |
of the Code: sections 19, 21.1, 34, 41 (1) to (3) and (5), 43, 54 (1), 58, 60 (1), 63 (1), (2) and (5), 64 (1), (2), (3) and (5); |
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(b) |
of the Operational and Site Planning Regulation: section 7; |
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(c) |
of the Timber Harvesting and Silviculture Practices Regulation: section 12 (1). |
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Disapplications of provisions of Forest Act |
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4 |
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Section 35 (1) (d) (i) to (vi) and (ix) of the Forest Act does not apply to the licensee within the Stillwater area in respect of areas that are subject to a Stillwater pilot forest stewardship plan. |
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Application of sections of the Code respecting operational plans |
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5 |
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The provisions of the Code respecting operational plans apply to Stillwater pilot forest stewardship plans as if they were operational plans. |
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Effect of higher level plans |
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6 |
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Part 2, the forest stewardship zones map and any resource objectives are subject to any higher level plan that applies to the Stillwater area or a part of it. |
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Resource objectives |
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7 |
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Before the completion of resource objectives for grizzly bear, marbled murrelet, mountain goat or deer habitat in the Stillwater area to a standard agreeable to the licensee, the district manager and the designated environment official, this regulation applies only to those cutblocks and roads that have been advertised under any forest development plan that is in effect for the Stillwater area at the time of effective date of this regulation. |
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Consistency test |
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8 |
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For the purposes of a provision that refers to a Stillwater pilot forest stewardship plan or a forest practice being consistent or inconsistent, |
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(a) |
a Stillwater pilot forest stewardship plan must be interpreted to be consistent with Division 2 of Part 2, a higher level plan, a resource objective or the forest stewardship zones map if the Stillwater pilot forest stewardship plan does not materially conflict with any of them, and |
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(b) |
the forest practice must be interpreted to be consistent with the Stillwater pilot forest stewardship plan if the forest practice does not materially conflict with it. |
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| Part 2 – Balancing Competing Values and Interests |
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| Division 1 – Resource Value Goals |
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Resource value goals |
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9 |
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For purposes of Part 7 the following are the resource value goals for the Stillwater area: |
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(a) |
to minimize impacts on the water resource from forestry operations with the goal of maintaining or improving water quality and quantity including maintenance of natural stream flow rates and patterns; |
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(b) |
to maintain and improve physical access for domestic, fisheries, recreational, wildlife and industrial water users in the course of planning forestry operations; |
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(c) |
to minimize impacts on the soil resource by managing soil disturbance from forestry operations with the goals of conserving and protecting the soil and maintaining soil quality, quantity and function; |
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(d) |
to conserve, protect and restore biological diversity of forest and aquatic ecosystems and plant and animal species by planning and managing forest practices; |
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(e) |
to protect, maintain and improve the forest's natural ability to grow timber; |
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(f) |
to practise sustainable and economic utilization of the timber resource profile; |
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(g) |
to protect forest productivity by minimizing losses to fire, flood, insects, disease, windthrow, erosion, and other damaging agents, keeping levels within socially and economically acceptable thresholds; |
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(h) |
in cooperation with appropriate interest groups, federal and provincial agencies, to identify, manage and protect wildlife habitat, especially with regard to rare and endangered species; |
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(i) |
to identify and protect existing recreation features; |
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(j) |
to develop and manage for recreational opportunities in cooperation with government and local citizens; |
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(k) |
to manage the visual impact of harvesting and road construction activities at the landscape and the stand level; |
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(l) |
to identify and manage cultural heritage resources; |
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(m) |
to manage for the access needs of industry, recreation groups, the general public, government and first nations while managing productive land base losses to roads and trails; |
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(n) |
to minimize aquatic resource impacts from forestry operations with the goal of conserving, protecting and maintaining the biological productivity of all anadromous and resident fish waters; |
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(o) |
to manage wetlands, streams and lakeshore areas to minimize harmful impacts from forestry operations with the goal of protecting water quality, stream bank stability, fish habitat and wildlife habitat, and to provide for biological diversity; |
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(p) |
to carry out forest planning so that it will identify known tourism opportunities, incorporate protection measures that minimize harmful forestry impacts, and enhance access concurrent with harvesting development; |
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(q) |
to support energy and mineral exploration while taking into account development impacts on the forest land base; |
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(r) |
to carry out forest planning so that, for botanical forest products, it will minimize harmful forestry impacts, and manage for sustainable use; |
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(s) |
to promote sustainable development of natural resources on the land base that result in multiple benefits to the community; |
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(t) |
to invite, encourage and provide a forum for public participation in the planning process for the Stillwater area; |
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(u) |
to make it a priority to develop a system to ensure that a sustainable log supply from the licensee's production of appropriate grade timber is available in a timely manner, at fair market price, and for purchase by local small businesses; |
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(v) |
to strive to develop or find practical alternatives of brush control other than herbicides; |
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(w) |
to promote opportunities to educate and learn from the public, government agencies and first nations. |
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| Division 2 – Forest Stewardship Zones and Objectives |
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Timber zones |
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10 |
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Within the timber zones, the following apply: |
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(a) |
the management focus is commercial timber production; |
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(b) |
in general, the desired future forest condition resulting from timber harvesting is a matrix of even-aged stands with retained older forest patches and attributes; |
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(c) |
for any cutblock, 10% of the basal area must be retained unless dispersed retention is employed in which case 5% of the basal area must be retained. |
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Habitat zones |
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11 |
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Within the habitat zones, the following apply: |
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(a) |
the management focus within existing stands of old growth timber is conservation of biological diversity and wildlife habitat, with lower intensity harvesting and, in particular, the provision of habitat for forest organisms whose requirements are not met in the timber zone or old growth zone; |
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(b) |
in general, the desired future forest condition resulting from timber harvesting within stands comprised of old growth timber is a matrix of even-aged stands and uneven aged stands with retained older forest patches and attributes; |
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(c) |
in general, the desired future forest condition resulting from timber harvesting within stands comprised of second growth timber is a matrix of even-aged stands with retained older forest patches and attributes; |
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(d) |
for any cutblock, 15% of the basal area is retained, except |
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(i) |
in the Dianne Lake habitat zone, 25% of the basal area is retained, and |
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(ii) |
for the Upper Lois habitat zone, 20% of the basal area is retained. |
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Old growth zones |
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12 |
(1) |
Within the old growth zones, the following apply: |
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(a) |
the management focus is to conserve existing old growth timber, and restore old growth timber attributes on previously harvested areas; |
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(b) |
Repealed. [B.C. Reg. 209/2007] |
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(c) |
timber harvesting in old growth stands will employ a mix of irregular shelterwood and group selection silvicultural systems; |
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(d) |
timber harvesting in second growth stands will employ treatments to restore late successional stand attributes; |
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(e) |
in general, the desired future forest condition is uneven-aged forest; |
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(f) |
Repealed. [B.C. Reg. 209/2007] |
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(2) |
Within each of the following old growth zones, 100% of the old growth zone must be a reserve zone: |
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(a) |
Heather; |
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(b) |
Elephant Lake; |
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(c) |
Goat Island; |
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(d) |
Daniels Lake. |
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(3) |
Timber harvesting within the High Falls Lake old growth zone must be confined to one of the two drainage basins in the zone. |
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Recreation and tourism zones |
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13 |
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Within the recreation and tourism zones the following apply: |
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(a) |
forest management practices must be compatible with recreation features and opportunities within each zone; |
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(b) |
for any cutblock, 20% of the basal area must be retained. |
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| Part 3 – Stillwater pilot forest stewardship plan, Cutting Permit, Operational Information Map and Site Plan |
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| Division 1 – Stillwater pilot forest stewardship plan |
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Preparation of Stillwater pilot forest stewardship plan and amendments |
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14 |
(1) |
The licensee must prepare and submit to the district manager and the designated environment official a Stillwater pilot forest stewardship plan in accordance with this regulation. |
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(2) |
At any time during the term of a Stillwater pilot forest stewardship plan, the licensee may prepare and submit to the district manager and the designated environment official an amendment to the Stillwater pilot forest stewardship plan in accordance with this regulation. |
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(3) |
At any time during the term of a Stillwater pilot forest stewardship plan, if the licensee knows, or reasonably ought to know, that performing the forest practices specified in the Stillwater pilot forest stewardship plan will not ensure that the strategies and measurable targets specified in the Stillwater pilot forest stewardship plan will be achieved, the licensee |
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(a) |
must submit to the district manager and the designated environment official an amendment to the Stillwater pilot forest stewardship plan in accordance with this regulation, and |
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(b) |
must not carry out, on any parts of the Stillwater area that would be materially affected by the proposed amendment, any forest practices under the Stillwater pilot forest stewardship plan, until the amendment has been approved or given effect under this regulation. |
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(4) |
At any time during the term of a Stillwater pilot forest stewardship plan the licensee must prepare and submit to the district manager and the designated environment official an amendment to the Stillwater pilot forest stewardship plan in accordance with this regulation if |
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(a) |
the licensee becomes aware of new information that materially affects the strategies and measurable targets specified in the Stillwater pilot forest stewardship plan, or |
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(b) |
the Stillwater pilot forest stewardship plan is inconsistent with an item listed in section 16. |
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(5) |
New information under subsection (4) includes but is not limited to information received through the records of comments received under Divisions 4 and 5 of Part 5. |
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Request for amendment or resubmission for failure to adequately protect |
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15 |
(1) |
If, at any time during the term of a Stillwater pilot forest stewardship plan, the district manager or the designated environment official determines that the Stillwater pilot forest stewardship plan is not adequately protecting the forest resources, the district manager or the designated environment official may request that the licensee prepare and submit for approval a new Stillwater pilot forest stewardship plan or amendment in accordance with this regulation. |
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(2) |
A request under subsection (1) must be made in writing. |
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(3) |
The licensee must submit a Stillwater pilot forest stewardship plan or amendment requested under subsection (1) within 6 months of the request being made. |
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Consistency |
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16 |
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A Stillwater pilot forest stewardship plan must be consistent with the following: |
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(a) |
any higher level plan in place for the Stillwater area; |
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(b) |
Division 2 of Part 2; |
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(c) |
the forest stewardship zones map; |
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(d) |
any resource objective. |
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Best information available |
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17 |
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Subject to any requirement in this regulation to use known information when preparing a Stillwater pilot forest stewardship plan, the licensee must use the most comprehensive and accurate information available to the licensee. |
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Assessments and mapping required by the Act and regulations |
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18 |
(1) |
Before making a Stillwater pilot forest stewardship plan available for review under this Part, the licensee must complete the following as if the Stillwater pilot forest stewardship plan were a forest development plan: |
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(a) |
a terrain stability hazard map and soil erosion potential map for that part of the Stillwater pilot forest stewardship plan that is within the community watershed in accordance with section 12 of the Operational and Site Planning Regulation; |
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(b) |
forest health evaluation and assessment in accordance with section 13 of the Operational and Site Planning Regulation; |
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(c) |
a watershed assessment within the previous 3 years of the submission date for areas under the Stillwater pilot forest stewardship plan provided for and in accordance with section 14 of the Operational and Site Planning Regulation. |
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(2) |
At any time during the term of a Stillwater pilot forest stewardship plan, the district manager may require the licensee to conduct a forest health assessment referred to in section 13 (b) of the Operational and Site Planning Regulation. |
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Division 2 – Cutting Permit
Application for a cutting permit |
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19 |
(1) |
Subject to subsection (2) and section 20, before commencing timber harvesting or road construction under a Stillwater pilot forest stewardship plan, the licensee must apply for a cutting permit. |
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(2) |
The licensee may apply for a cutting permit in respect of a cutblock or road only if |
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(a) |
the cutblock or road has been shown on the operational information map for at least 30 days, and |
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(b) |
in the case of a cutblock, the licensee has prepared a silvicultural plan and a harvest plan for the cutblock. |
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Assessments and mapping required by the Act and regulations |
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20 |
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Before applying for a cutting permit under this Part, the licensee must complete the following: |
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(a) |
a terrain stability field assessment required by the Operational and Site Planning Regulation for a cutblock |
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(i) |
in a community watershed, or |
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(ii) |
in an area other than a community watershed if the area is identified in the Stillwater pilot forest stewardship plan as having |
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(A) |
a high likelihood of landslides, |
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(B) |
unstable terrain, or |
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(C) |
a slope gradient greater than 60%; |
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(b) |
all assessments required by and in accordance with section 37 of the Operational and Site Planning Regulation; |
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(c) |
Repealed. [B.C. Reg. 292/2003, Sch. H, s. 3.] |
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(d) |
a riparian assessment, in accordance with section 15 of the Operational and Site Planning Regulation, to identify the riparian class of those streams, wetlands and lakes that are located in a community watershed; |
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(e) |
riparian classification in accordance with Division 1 of Part 8 of the Operational and Site Planning Regulation; |
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(f) |
if required by the district manager in respect of a cutblock shown on the operational information map, an archaeological impact assessment that meets the requirements of the Heritage Conservation Act. |
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Contents of application for cutting permit |
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21 |
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The licensee must ensure that the application for the cutting permit under section 19 contains the following: |
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(a) |
a letter that describes the following: |
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(i) |
the requested clearing width for a road; |
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(ii) |
the timber mark for the timber to be harvested; |
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(iii) |
all comments received under Division 4 of Part 5 that are relevant to the area to be harvested; |
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(iv) |
a copy of any detailed explanation provided to the person who submitted the comments under Division 4 of Part 5 that are relevant to the cutblock; |
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(b) |
a map that describes or illustrates the following: |
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(i) |
with respect to a cutblock, boundaries for the harvesting area; |
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(ii) |
for the purposes of road construction, the centre line of the road location. |
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Issuance of a cutting permit by the district manager |
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22 |
(1) |
In this section "specific area of concern" means |
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(a) |
an area of land identified on a Stillwater pilot forest stewardship plan by a person who has a property right or interest reasonably close to the licensee's proposed activity if the property right or interest may be affected by a forest practice that is to be carried out under a Stillwater pilot forest stewardship plan, or |
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(b) |
a community watershed in the Stillwater area. |
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(2) |
The district manager must issue a cutting permit applied for under this Part if |
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(a) |
the application was prepared and submitted in accordance with this Part, and |
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(b) |
the district manager is satisfied that the licensee has adequately addressed any comments with respect to a specific area of concern. |
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| Division 3 – Operational Information Map |
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Preparation of an operational information map |
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23 |
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The licensee must prepare an operational information map illustrating all of the following: |
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(a) |
active cutblocks and road construction activities; |
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(b) |
cutblocks approved under cutting permits; |
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(c) |
proposed roads and cutblocks, including current engineering activities; |
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(d) |
current and planned road deactivation; |
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(e) |
planned and active stand tending activities, including herbicide treatments. |
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Maintenance and update of the operational information map |
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24 |
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The operational information map must be updated at least monthly, to show current activities. |
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Operational information map not a part of the Stillwater pilot forest stewardship plan |
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25 |
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The operational information map is for information purposes only and is not part of the Stillwater pilot forest stewardship plan. |
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| Division 4 – Site Plans |
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Site plans |
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26 |
(1) |
A harvest plan must contain harvesting strategies and constraints for the area under the plan. |
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(2) |
A silviculture plan must specify a regime of silviculture strategies and targets that can reasonably be expected to produce the target stocking levels specified in the Stillwater pilot forest stewardship plan by the end of the free growing period set out in that plan. |
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(3) |
The licensee must retain a professional forester to specify the regime of silviculture strategies and targets set out in the silviculture plan. |
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(4) |
A silviculture plan or a harvest plan must be signed and sealed by a professional forester. |
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Implementation and record requirements for site plans |
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27 |
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The licensee must |
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(a) |
implement any silviculture plan or harvest plan, |
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(b) |
keep a written record that allows the district manager or designated environment official to determine whether the requirements of section 26 or paragraph (a) of this section have been met, and |
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(c) |
provide the written record to the district manager or designated environment official promptly on request. |
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| Part 4 – Forest Practices in the Stillwater Area |
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Restrictions on forest practices |
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28 |
(1) |
The licensee must notify the district manager before harvesting in an area for which a cutting permit was issued under Division 2 of Part 3 if more than 3 years have passed since the cutting permit was issued. |
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(2) |
The licensee must not harvest in an area that is within a community watershed if the result of the terrain stability assessment indicates that the area is subject to a high likelihood of landslides. |
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(3) |
The licensee must not clearcut an area that is within a community watershed if the result of the terrain stability field assessment indicates that the area is subject to a moderate likelihood of landslides with a high risk of landslide debris entering directly into steams, unless the terrain stability field assessment documents the assessor's opinion that, based on the assessment, the assessor has reasonable grounds to believe that clearcutting the area will not significantly increase the risk of a landslide. |
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| |
(4) |
The licensee must not clearcut an area that is outside a community watershed if the result of the terrain stability field assessment indicates that the area is subject to a high likelihood of landslides, unless the terrain stability field assessment documents the assessor's opinion that, based on the assessment, the assessor has reasonable grounds to believe that clearcutting the area will not significantly increase the risk of a landslide and that there is a low likelihood of landslide debris |
| |
(a) |
entering into a fish stream or a perennial stream that is a direct tributary to a fish stream, or |
| |
(b) |
causing damage to private property or public utilities, including but not limited to roads, bridges, transmission lines, pipelines, recreation sites or any other similar structures. |
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| |
(5) |
The licensee must not construct an excavated or bladed trail on an area that is outside a community watershed if the result of the terrain stability field assessment indicates that the area is subject to a high likelihood of landslides. |
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| |
(6) |
The licensee must not construct an excavated or bladed trail on an area that is inside or outside a community watershed if the result of the terrain stability field assessment indicates that the area is subject to a moderate likelihood of landslides, unless the assessment documents the assessor's opinion that, based on the assessment, the assessor has reasonable grounds to believe that |
| |
(a) |
the excavated or bladed trail can be located, constructed and rehabilitated in a manner that will not significantly increase the risk of landslides, and |
| |
(b) |
there is a low likelihood of landslide debris |
| |
(i) |
entering into a perennial stream in a community watershed, a fish stream or a perennial stream that is a direct tributary to a fish stream, or |
| |
(ii) |
causing damage to private property or public utilities, including but not limited to roads, bridges, transmission lines, pipelines, recreation sites, or any other similar structures. |
| |
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(7) |
The licensee must not yard or skid timber through or over a stream unless the yarding or skidding is authorized by a Stillwater pilot forest stewardship plan or by the district manager or designated environment official, in writing, with or without conditions. |
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| |
| |
Establishment of a free growing stand |
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29 |
|
For areas harvested under a Stillwater pilot forest stewardship plan, the licensee must establish, in accordance with this regulation and the Stillwater pilot forest stewardship plan, a free growing stand on the area, except for the portion of the area that |
| |
(a) |
is occupied by permanent access structures, or |
| |
(b) |
in its natural state is not capable of supporting a stand of trees that meets the stocking requirements specified in the Stillwater pilot forest stewardship plan. |
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| |
| |
Authority to carry out stand management activities |
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30 |
|
For the purposes of section 96 (1) (g) (iii) of the Act, the licensee, without obtaining a cutting permit, is authorized to cut, damage or destroy Crown timber in the course of carrying out stand management activities in accordance with the strategies and measurable targets in a Stillwater pilot forest stewardship plan. |
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| |
| |
Forest practices must be consistent with this regulation and related planning documents |
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31 |
|
Any forest practices carried out in the Stillwater area under a Stillwater pilot forest stewardship plan must be carried out in a manner consistent with the Stillwater pilot forest stewardship plan and any field variance referred to in section 32. |
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| |
Field variances |
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32 |
(1) |
In this section, "field variance" means a variance from a provision of a Stillwater pilot forest stewardship plan. |
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(2) |
If the licensee wishes to change a provision in a Stillwater pilot forest stewardship plan, the licensee must submit an application for a field variance to the district manager or designated environment official. |
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| |
(3) |
An application for a field variance must be signed and sealed by a professional forester. |
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| |
(4) |
The district manager or the designated environment official may approve a field variance to a Stillwater pilot forest stewardship plan if the district manager or the designated environment official determines that the field variance |
| |
(a) |
will adequately manage and conserve the forest resources for the area to which it applies, and |
| |
(b) |
does not materially change the Stillwater pilot forest stewardship plan. |
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| |
Road use |
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33 |
(1) |
For the purposes of this section, sections 55 and 56 of the Act apply to the licensee as if it were the holder of a road permit. |
| |
| |
(2) |
A person other than the licensee who has a right to harvest timber in the Stillwater area may apply to the district manager under section 115 of the Forest Act for a road use permit for a road constructed or used by the licensee under a Stillwater pilot forest stewardship plan. |
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| |
(3) |
Subject to section 81 of the Forest Act the district manager must grant a road use permit to an applicant under subsection (2) if the district manager is satisfied that the use of the road by that person will |
| |
(a) |
not adversely affect authorized users of the road, or |
| |
(b) |
compromise the Stillwater pilot forest stewardship plan. |
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| |
(4) |
A person other than a person referred to in subsection (2) who wishes to use a road constructed or used by the licensee under a Stillwater pilot forest stewardship plan for an industrial purpose, may apply to the district manager under section 117 of the Forest Act for a road use permit. |
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(5) |
The district manager may grant to an applicant under subsection (4) a road use permit if the district manager is satisfied that the use of the road by that person will not |
| |
(a) |
cause unnecessary disturbance to the natural environment, |
| |
(b) |
adversely affect authorized users of the road, or |
| |
(c) |
compromise a Stillwater pilot forest stewardship plan. |
| |
| |
(6) |
A road constructed, modified or maintained by the licensee in the Stillwater area may be used for purposes other than those listed in section 54 (1) and (2) of the Act by any person without charge, in accordance with the conditions set out in section 55 of the Act. |
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| |
(7) |
The licensee must not require payment from a person who uses the road except in accordance with the conditions set out in section 56 of the Act. |
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Road maintenance |
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34 |
(1) |
Subject to subsection (3), the licensee must maintain all roads constructed or used under the authority of a Stillwater pilot forest stewardship plan until |
| |
(a) |
the road is temporarily or permanently deactivated, |
| |
(b) |
a road permit or special use permit for the road is issued to another person, or |
| |
(c) |
the road is declared a forest service road under section 115 (5) of the Forest Act. |
| |
| |
(2) |
Any maintenance carried out under subsection (1) must be done in accordance with the requirements of |
| |
(a) |
a Stillwater pilot forest stewardship plan, and |
| |
(b) |
the Code and the Code regulations. |
| |
| |
(3) |
The district manager may require a person other than the licensee, who holds a permit that authorizes use of a road in the Stillwater area, to assume all or part of the responsibility for maintaining the road. |
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| Part 5 – Public Participation in the Stillwater Pilot Project |
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| Division 1 – Public Participation in the Development of the Stillwater pilot forest stewardship plan |
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| |
| |
Public involvement in development of strategies and measurable targets |
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35 |
|
The licensee must establish a process to facilitate public involvement in the development of strategies and measurable targets that are required to be in the Stillwater pilot forest stewardship plan under Part 7. |
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| Division 2 – Public Review and Comment on a Proposed Stillwater pilot forest stewardship plan or Amendments to a Stillwater pilot forest stewardship plan |
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Notice of proposed Stillwater pilot forest stewardship plan or amendment |
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36 |
|
Before the licensee submits a Stillwater pilot forest stewardship plan or amendment for approval the licensee |
| |
(a) |
must publish a notice in a newspaper, in a form acceptable to the district manager, stating that the proposed Stillwater pilot forest stewardship plan or amendment is available for public review and comment, and |
| |
(b) |
must make the Stillwater pilot forest stewardship plan or amendment available for review and comment in a manner consistent with this Division. |
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| |
| |
Submitting proposal to the district manager and designated environment official |
| |
37 |
|
The licensee must submit to the district manager and the designated environment official a copy of the proposed Stillwater pilot forest stewardship plan or amendment in the form that will be made available for review under section 36 |
| |
(a) |
at substantially the same time as the licensee first publishes the notice referred to in section 36 (a), or |
| |
(b) |
at any other time agreed to by the district manager, the designated environment official and the licensee. |
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| |
| |
Review by the public, agencies and affected persons |
| |
38 |
(1) |
The licensee must provide an opportunity to review a proposed Stillwater pilot forest stewardship plan or amendment to members of the public interested in, or affected by, operations under the proposed Stillwater pilot forest stewardship plan or amendment in accordance with this Division. |
| |
| |
(2) |
The licensee must refer the proposed Stillwater pilot forest stewardship plan or amendment to |
| |
(a) |
any resource agency specified by the district manager or the designated environment official, |
| |
(b) |
any government agency identified by the district manager or the designated environment official, and |
| |
(c) |
any other person the district manager or the designated environment official identifies as a person who may be materially affected by the proposed Stillwater pilot forest stewardship plan or amendment. |
| |
| |
(3) |
An opportunity for review provided to an interested or affected person under subsection (1) or (2) is adequate only if, in the opinion of the district manager or the designated environment official, the opportunity is commensurate with the nature and extent of that person's interest in the area under the Stillwater pilot forest stewardship plan or amendment and any right that person may have to use the area under the Stillwater pilot forest stewardship plan. |
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| |
| |
Assessments available at place of business |
| |
39 |
|
The licensee must make the assessments that are related to the Stillwater pilot forest stewardship plan, other than archaeological impact assessments, available for review by persons reviewing the Stillwater pilot forest stewardship plan or amendment under section 38, at its place of business in Powell River, or at another location specified by the district manager. |
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| |
| |
Period for review |
| |
40 |
(1) |
Subject to subsection (2), the period for review of a proposed Stillwater pilot forest stewardship plan or amendment is 60 days from the date of the first publication of the notice referred to in section 36. |
| |
| |
(2) |
Despite subsection (1) the district manager or the designated environment official, may, by notice in writing to the licensee, given before the expiry of the period under subsection (1), extend the period for review under subsection (1). |
| |
| |
| |
Comments |
| |
41 |
|
A person who reviews a proposed Stillwater pilot forest stewardship plan or amendment under this Division may submit comments in writing to the licensee during the period allowed for review under section 40. |
| |
| |
| |
Licensee's response to comments |
| |
42 |
|
The licensee must consider all comments received under section 41 and |
| |
(a) |
make any revisions to the proposed Stillwater pilot forest stewardship plan or amendment that the licensee considers appropriate, |
| |
(b) |
make any revisions to the proposed forest stewardship zone map to indicate any specific area of concern , and |
| |
(c) |
provide the person who submitted the comments with a detailed explanation in writing of how the issues raised in the comments have been addressed. |
| |
| |
| |
Submitting a proposed Stillwater pilot forest stewardship plan and comments |
| |
43 |
|
When submitting a Stillwater pilot forest stewardship plan or amendment for approval, the licensee must submit with the proposed Stillwater pilot forest stewardship plan or amendment |
| |
(a) |
a copy of the notices that were published under section 36 in respect of the proposed Stillwater pilot forest stewardship plan or amendment, |
| |
(b) |
a copy of each written comment received in respect of the proposed Stillwater pilot forest stewardship plan or amendment, |
| |
(c) |
a copy of each detailed explanation provided to the person who submitted a comment on the proposed Stillwater pilot forest stewardship plan or amendment, and |
| |
(d) |
a summary of all revisions made to the proposed Stillwater pilot forest stewardship plan under section 42. |
| |
| |
| |
Amendments that do not require public review and comment |
| |
44 |
|
Section 40 does not apply to an amendment if the district manager or the designated environment official is satisfied that |
| |
(a) |
the amendment is necessary to enable measures to be taken to address an emergency and there is insufficient time to provide for review and comments for a period of at least 10 days, or |
| |
(b) |
the reason for the amendment is to make the Stillwater pilot forest stewardship plan consistent with the items in section 16. |
| |
| |
| |
Notice of exemption from review |
| |
45 |
(1) |
If section 44 applies the licensee must publish, in an issue of a newspaper, a notice of the exemption and approval under that section, including a statement containing the following information: |
| |
(a) |
the amendment to the Stillwater pilot forest stewardship plan has been approved or given effect without having been made available for review and comments; |
| |
(b) |
the reasons why implementation of the amendment proceeded without review and comment. |
| |
| |
(2) |
Notices with respect to exemptions under section 44 must include the following: |
| |
(a) |
the date on which the operations are authorized to begin; |
| |
(b) |
the number of days, which must be a minimum of 5 clear days, between the date of first publication and the date operations are to begin. |
| |
| |
| Division 3 – Public Accessibility to Planning Documents |
| |
| |
| |
Documents available for viewing in the licensee's place of business |
| |
46 |
|
During the term of the Stillwater pilot forest stewardship plan, the licensee must make the following documents available for viewing at its place of business in Powell River or at another location specified by the district manager: |
| |
(a) |
any Stillwater pilot forest stewardship plan; |
| |
(b) |
any assessments that are related to the development of the proposed Stillwater pilot forest stewardship plan, other than archaeological impact assessments; |
| |
(c) |
any assessments that are required before applying for a cutting permit under a Stillwater pilot forest stewardship plan; |
| |
(d) |
any access management planning document prepared under a Stillwater pilot forest stewardship plan; |
| |
(e) |
any road layout and design documents prepared under a Stillwater pilot forest stewardship plan; |
| |
(f) |
any cutting permits issued under a Stillwater pilot forest stewardship plan; |
| |
(g) |
any silviculture plan or harvest plan; |
| |
(h) |
any audits, records or annual reports prepared under Parts 8 and 9; |
| |
(i) |
the operational information map; |
| |
(j) |
any comments received from the public regarding the operational information map and any responses to those comments by the licensee under Division 5 of this Part. |
| |
| |
| |
Repealed |
| |
47 |
|
Repealed. [B.C. Reg. 209/2007] |
| |
| |
| |
Repealed |
| |
48 |
|
Repealed. [B.C. Reg. 209/2007] |
| |
| |
| |
Repealed |
| |
49 |
|
Repealed. [B.C. Reg. 209/2007] |
| |
| |
| |
Repealed |
| |
50 |
|
Repealed. [B.C. Reg. 209/2007] |
| |
| |
| |
Repealed |
| |
51 |
|
Repealed. [B.C. Reg. 209/2007] |
| |
| |
| Part 6 – Approval and Term of Stillwater pilot forest stewardship plan |
| |
| |
| |
Definition |
| |
52 |
|
In this Part, "term" means the time from the date a Stillwater pilot forest stewardship plan is approved until the date it expires. |
| |
| |
| |
Joint approval |
| |
53 |
(1) |
The district manager and the designated environment official must approve a proposed Stillwater pilot forest stewardship plan or amendment submitted under Part 3 if |
| |
(a) |
the Stillwater pilot forest stewardship plan or amendment was prepared and submitted in accordance with the Act and this regulation, and |
| |
(b) |
the district manager and the designated environment official are satisfied that the Stillwater pilot forest stewardship plan or amendment will adequately manage and conserve the forest resources for the area to which it applies. |
| |
| |
(2) |
Before approving a Stillwater pilot forest stewardship plan or amendment submitted under Part 3, the district manager or the designated environment official may require the licensee to submit information that the district manager or the designated environment official reasonably requires in order to determine if the proposed Stillwate |
