Ministry of ForestsGovernment of British Columbia
Coast Forest Region
Legislation Table of ContentsContact Information for the South Island Forest District
Objectives for Fish ver.: 3.8
Site Contents
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Stewardship
A. Objectives Matrix Introduction
B. Objectives set by Government for the FRPA Values
C. Objectives Matrix Site Content List
D. Objectives Matrix FTP Site
1 Soils
2 Timber including Forest Health
3 Wildlife
4 Fish
5 Water
6 Biodiversity
7 Cultural Heritage Resources
8 Resources Features
9 Recreation Resources
10 Visual Quality
11 Forage & Associated Plant Communities
Other Links
FRPA Training Web site
FRPA resource evaluation program
Forest and Range Practices Act site

 

 


 

How to use this web site and where to find information:


1. The Objectives Matrix Fish page contains Objectives set by Government, relevant legislation sections, documents, maps, and useful web links along with a rational in a hierarchical order, specific for the South Island Forest District Planning Area.

2. The Fish elements under the Forest and Range Practices Act (FRPA) are: riparian classes for streams (RCS), riparian classes for lakes (RCL) and riparian classes for wetlands (RCW); restrictions in riparian management areas (RMA), riparian reserve zones (RRZ), riparian management zones (RMZ); temperature sensitive streams (TSS); fan destabilization (FD); stream crossing (SC); fish passage (FP); protection of fish habitat (PFH); use of livestock in riparian areas (ULRA); fisheries sensitive watersheds (FSW) and objectives (FSWO); lakeshore management zones (LMZ).
Definitions for terms used in regulations can be found in the FPPR Interpretation section.

3. If you are only interested in viewing or downloading the relevant documents, Maps or GIS files, use the Objectives Matrix Table of Content for Fish web page.

4. You can also access or download fish related files directly from the Matrix Fish FTP site.

Using this site is subject to the disclaimer at the bottom of this page.

Note: this page was updated with the December 13, 2004 (objectives matrix Ver: 3.1) February 24, 2005 (Ver: 3.2) March 2005 (Ver: 3.3), 2006 (Ver: 3.4), 2007 (Ver: 3.5), 2008 (Ver: 3.6), 2009 (Ver: 3.7), 2010 (Ver: 3.8) amendments to FRPA and regulations.

  • The sign:indicates that new information has been added.
  • The sign: indicates that this page or a section has been modified or updated on November 24, 2010

SUMMARY OF HIERARCHY:

  • Responsible Agency: the Ministry of Environment (MoE) and the Ministry of Forests and Range (MoFR) are jointly mandated to address fish values.
  • Hierarchy of Direction: FRPA provides the foundation for directions, however other legal direction can augment or replace.
    • Currently the VILUP identifies all enhanced forestry zones (EFZ) expect the part of those zones which are designated as community watersheds as defined in section 41 (8) of the Act (EFZ Map) with specific fish issues in the SIFD.
  • Rationale for Hierarchy of Direction: This is the direction that reflects hierarchy (refine; replace; adds to; consistent with; or no conflicts) when more than one objective exists in a particular area for a particular element:
    • Currently there are no conflicting objectives referring to fish values within the higher level plans (HLP) and objectives set by government (OSBG).
  • Area of Application: defined geographic extent, sub-set of planning area:
    • The fish objectives apply to the entire South Island Forest Service (SIFD) area.
    • The enhanced forestry zones (EFZ) and the Clayoquot Sound Plan Area have additional requirements.

BREAKDOWN OF DIRECTION:

I. Land use Objectives:

  • Legal objectives and strategies contained within approved Higher Level Plans (HLP)
  • Currently (Nov. 2004) the Vancouver Island Land Use Plan (VILUP) is the higher level plan in the SIFD,
  • The Higher Level Plan Order signed on October 2000 establishes the legally binding objectives,
  • Currently* the land use objectives referring to fish in the higher level plans for the SIFD are outlined in the VILUP Higher Level Plan Order as:
    • "D. for all Enhanced Forestry Zones, as shown on Map 1, save and except the parts of those zones which are designated as community watersheds as defined in section 41 (8) of the Act:

    7. To increase short-term availability of timber,

    (a) a cutblock may be larger than 40 ha pursuant to section 11(2)(a) of the OPR; and

    (b) pursuant to section 68(4) of the OPR, a cutblock is greened-up if it is adequately stocked and the average height of those trees that are

    (i) the tallest tree in each 0.01 ha plot included in a representative sample, and

    (ii) a commercially valuable species or other species acceptable to the district manager

    is a t least 1.3 meters; unless the district manager determines that a cutblock referred under (a) or (b) would significantly impact specific hydrological, wildlife, biodiversity, scenic or recreation values.

    8. Avoid or mitigate adverse hydrological impacts, which may result from practices referred to in objective 7, in watersheds with significant watershed sensitivity and significant fisheries values, as determined by the district manager and the designated environmental official."

    • For spatial location of the EFZ please see: EFZ Map
  • The Vancouver Island Summary Land Use Plan (VISLUP & Appendix), although not a legal document, provides some guidance to implementing the order.

II. Objectives in Regulations:

  • These objectives are set in Sec. 149 (FRPA) of Forest and Range Practices Act, objectives set by government (OSBG) and apply province-wide, and are the most general type of objectives.

Sec. 8 (FPPR) Objectives set by government for water, fish, wildlife and biodiversity within riparian areas for forest practices:

"The objective set by government for water, fish, wildlife and biodiversity within riparian areas is, without unduly reducing the supply of timber from British Columbia's forests, to conserve, at the landscape level, the water quality, fish habitat, wildlife habitat and biodiversity associated with those riparian areas."

Sec. 8.1 (FPPR), Objectives set by government for fish habitat in fisheries sensitive watersheds

"(1) In this section "fisheries sensitive watershed" means an area identified in Schedule 2 of this regulation

(a) with significant downstream fisheries values continued under section 180 (f) of the Act and significant watershed sensitivity continued under section 180 (g) of the Act, and

(b) for which there is no fisheries sensitive watershed objective.

(2) Until December 31, 2005 the objective set by government for fish habitat in fisheries sensitive watersheds is to prevent to the extent described in subsection (3) the cumulative hydrological effects of primary forest activities in the fisheries sensitive watershed from resulting in a material adverse impact on the habitat of the fish species for which the fisheries sensitive watershed was established.

(3) The objective set by government under subsection (2) applies only to the extent that it does not unduly reduce the supply of timber from British Columbia's forests.

(4) If satisfied that the objective set out in subsection (2) is not required to provide special management, the minister responsible for the Wildlife Act must exempt a person from the requirement to specify a result or strategy in relation to the objective.

(5) If satisfied that the objective set out in subsection (2) is addressed, in whole or in part, by an enactment, the minister responsible for the Wildlife Act must exempt a person from the requirement to specify a result or strategy in relation to the objective set out in subsection (2) to the extent that the objective is already addressed."

Sec. 8 (RPPR) Objectives set by government for water for range practices are as follows:

    "(a) maintain or improve water resources;

    (b) maintain or promote healthy riparian and upland areas;

    (c) maintain or promote riparian vegetation that provides sufficient shade to maintain stream temperature within the natural range of variability;

    (d) maintain or promote desired riparian plant communities."

Sec. 9 (RPPR) Objectives set by government for fish

"The objectives set by government for fish are as follows:

(a) conserve fish, fish habitat and aquatic ecosystems;

(b) manage any adverse effect of deleterious material."

Sec. 9 (WLPPR) of the Woodlot Licence Planning and Practice Regulations refers to the established objectives for fish for woodlot licenses:

"(1) For the purpose of section 13 (1) (b) (i) [content of woodlot licence plan] of the Act, the objectives set by government are as follows:

(c) conserving within riparian areas, at the landscape level, water quality, fish habitat, wildlife habitat and biodiversity;

(2) For the purpose of section 13 (1) (b) (ii) of the Act, the following objectives apply:

(a) any fisheries sensitive watershed objective or water quality objective established for a watershed within which the woodlot licence area is located;

(4) On or after December 31, 2004, a notice described in subsection (3) must be given at least 4 months before the woodlot licence plan is submitted for approval."

Intent: Objectives in regulations are intended to provide goalposts for managing and protecting FRPA values. Results and strategies in operational plans must address and be consistent with these objectives.

Changing Objectives: New or modified objectives in regulation are established through the legislative drafting and amendment process. Objectives in regulations cannot be changed or alternatives proposed at a local level.

III. Objectives Enabled by Regulations:

Objectives enabled by regulation are established by the appropriate Minister, or their delegate, for a specified area. These are the most specific of all objectives, although they are not stated in the regulations, the legislation gives authority to the Ministers, or their delegate, to establish them for various types of areas.

Establishment: The Objectives enabled by regulation come into effect through government actions:

  • The FRPA and the government action regulation (GAR) give the Minister of Environment (Minister responsible for the Wildlife Act) statutory authority to:

Designate areas and establish objectives for fish sensitive watersheds (FSW):

    Sec. 14 (GAR) Fisheries sensitive watersheds and objectives

    "(1) The minister responsible for the Wildlife Act by order may identify as a fisheries sensitive watershed an area of land in a watershed that has significant downstream fisheries values and significant watershed sensitivity if satisfied that the area requires special management to protect fish, that is not otherwise provided for under this regulation or another enactment, by

      (a) conserving

      (i) the natural hydrological conditions, natural stream bed dynamics and stream channel integrity, and

      (ii) the quality, quantity and timing of water flow, or

      (b) preventing cumulative hydrological effects that would have a material adverse effect on fish.

    (2) The minister responsible for the Wildlife Act by order may establish a fisheries sensitive watershed objective respecting a matter referred to in subsection (1)."

    The Government Action Regulation, Sec. 14 GAR Order is now in effect, given under the authority of Sec. 14(1) and 14(2) of GAR. In Schedule A, the Order lists the Fisheries Sensitive Watersheds, FSW for the SIFD area, and in Schedule B, sets objectives for them.

    The Schedule A Map presents the FSW (Vancouver Island), and can be viewed or downloaded below. Fish Sensitive Watersheds digital map files can be downloaded in the *.zip file.

    Sec. 15 (GAR) Temperature sensitive streams

    "The minister responsible for the Wildlife Act by order may designate a portion of a fish stream as a temperature sensitive stream if satisfied that

      (a) trees are required adjacent to the stream to manage the temperature of the designated portion for the protection of fish, and (b) management of the temperature of the designated portion is not otherwise provided for under this regulation or another enactment."

    Currently there are number of Designated FSW in the SIFD that are be grandparented from the FPC.

    Designation supporting documents and letters can be downloaded from the FTP site.

  • The Ministry of Forests and Range (the minister responsible for the Forest Act) has the statutory authority to:

Designate and establish objectives for lakeshore management zones (LMZ):

    Sec. 6 (GAR) Lakeshore management zones and objectives

    "(1) The minister responsible for the Forest Act by order may

      (a) establish as a lakeshore management zone an area adjacent to a lake with a riparian class of L1, and

      (b) specify a width for the lakeshore management zone

      if satisfied that the forest resources within the area require special management that has not otherwise been provided for by this regulation or another enactment.

    (2) The minister responsible for the Forest Act by order may establish for a lakeshore management zone objectives that are consistent with subsection (1)."

    Currently* there is one LMZ established in the SIFD for Blue Lake located in the TFL-44,

    The LMZ listed in the DM's letter dated December 30, 1997 is grandparented.

IV. Grandparented Designations & Objectives:

Existing objectives established under the Forest Practices Code (FPC) will be grandparented to FRPA as objectives enabled by regulations.

SCHEDULE 2 (FPPR) – FISHERIES SENSITIVE WATERSHEDS [Section 8.1]: lists the fisheries sensitive watersheds grandparented for the SIFD area (Feb. 25, 2005)

Note: Cous Creek is mentioned in the Macktush designation letter however it was not grandparented by MoE (ex. WLAP) and it is not included in the Feb. 25, 2005, FPPR regulation update as a fisheries sensitive watershed.

  1. Effingham River: designation letter
  2. Escalante River: designation letter
  3. Gordon River: designation letter
  4. Harris Creek: DM letter dated: February 6, 2001 Note: the FPPR Schedule 2 lists the entire Harris Creek as fish sensitive. The letter written by the MoE Regional Environmental Stewardship Manager dated July 29, 2005 clarifies that the fisheries sensitive section only applies to the Hemmingsen Creek portion of Harris Creek. (June 29, 2005)
  5. Hatton Creek: designation letter
  6. Hemmingsen within the San Juan watershed DM letter dated: February 6, 2001
  7. Klanawa River: designation letter
  8. Macktush Creek: designation letter
  9. Nahmint River, above the Nahmint lake: DM letter dated: February 6, 2001. Note: the FPPR Schedule 2 lists the entire Nahmint River as fish sensitive. The letter written by the WLAP Regional Environmental Stewardship Manager dated March 30, 2005 clarifies that the fisheries sensitive section applies to the area of the watershed above the confluence of the Nahmint River with the head of Nahmint lake. (Mar. 30, 2005)
  10. San Juan River: DM letter dated: February 6, 2001 (Feb. 24, 2005) Note: the FPPR Schedule 2 lists the entire San Juan River as fish sensitive. The letter written by the MoE Regional Environmental Stewardship Manager dated July 29, 2005 clarifies that the fisheries sensitive section only applies to the Hemmingsen Creek portion of the San Juan River watershed. (June 29, 2005)
  11. Toquart River: designation letter

    These designations are supported by *DM letter dated: February 6, 2001 and the individual designation letters.

    A summary list can be downloaded in Excel format from the FTP site.

    Note: the Government Action Regulation, Sec. 14 GAR Order is now in effect, given under the authority of Sec. 14(1) and 14(2) of GAR. In Schedule A, the Order lists the Fisheries Sensitive Watersheds, FSW for the SIFD area, and in Schedule B, sets objectives for them. (Dec. 28, 2005). For more information or a map see the Sec 14 GAR above, or contact directly the MoE office.

V. Requirements in FPPR for fish are:

A person who prepares a forest stewardship plan (FSP) may include results for the objectives set out in Sec. 8 (FPPR) or may instead choose to conform to the requirements set out in Sec. 47 to 53 of the FPPR.

These requirements (default results and strategies) include:

Division 3 - Riparian Areas

Sec. 47 (FPPR), Stream riparian classes

"(1) In this section, "active flood plain" means the level area with alluvial soils, adjacent to streams, that is flooded by stream water on a periodic basis and is at the same elevation as areas showing evidence of

(a) flood channels free of terrestrial vegetation,

(b) rafted debris or fluvial sediments, recently deposited on the surface of the forest floor or suspended on trees or vegetation, or

(c) recent scarring of trees by material moved by flood waters.

(2) A stream that is a fish stream or is located in a community watershed has the following riparian class:

(a) S1A, if the stream averages, over a one km length, either a stream width or an active flood plain width of 100 m or greater;

(b) S1B, if the stream width is greater than 20 m but the stream does not have a riparian class of S1A;

(c) S2, if the stream width is not less than 5 m but not more than 20 m;

(d) S3, if the stream width is not less than 1.5 m but is less than 5 m;

(e) S4, if the stream width is less than 1.5 m.

(3) A stream that is not a fish stream and is located outside of a community watershed has the following riparian class:

(a) S5, if the stream width is greater than 3 m;

(b) S6, if the stream width is 3 m or less.

(4) Subject to subsections (5) or (6), for each riparian class of stream, the minimum riparian management area width, riparian reserve zone width and riparian management zone width, on each side of the stream, are as follows:

Riparian Class

Riparian Management Area (m)

Riparian Reserve Zone (m)

Riparian Management Zone (m)

S1-A

100

0

100

S1-B

70

50

20

S2

50

30

20

S3

40

20

20

S4

30

0

30

S5

30

0

30

S6

20

0

20

(5) If the width of the active flood plain of a stream exceeds the specified width for the riparian management zone, the width of the riparian management zone is the outer edge of the active flood plain.

(6) The minister may specify a riparian reserve zone for a stream with a riparian class of S1-A if the minister considers that a riparian reserve zone is required.

(7) The riparian reserve zone for a stream begins at the edge of the stream channel bank and extends to the width described in subsection (4) or (6).

(8) The riparian management zone for a stream begins at

(a) the outer edge of the riparian reserve zone, or

(b) if there is no riparian reserve zone, the edge of the stream channel bank,

and extends to the width described in subsection (4) or (5)."

Sec. 48 (FPPR), Wetland riparian classes

"(1) Wetlands have the following riparian classes:

(a) W1, if the wetland is greater than 5 ha in size;

(b) W2, if the wetland is not less than 1 ha and not more than 5 ha in size and is in one of the following biogeoclimatic zones or subzones:

(i) Ponderosa Pine;

(ii) Bunch Grass;

(iii) Interior Douglas-fir, very dry hot, very dry warm or very dry mild;

(iv) Coastal Douglas-fir;

(v) Coastal Western Hemlock, very dry maritime, dry maritime or dry submaritime;

(c) W3, if the wetland is not less than 1 ha and not more than 5 ha in size and is in a biogeoclimatic zone or subzone other than one referred to in paragraph (b);

(d) W4, if the wetland is

(i) not less than 0.25 ha and less than 1 ha in size and is in a biogeoclimatic zone or subzone referred to in paragraph (b) (i), (ii) or (iii), or

(ii) not less than 0.5 ha and less than 1 ha in size and is in a biogeoclimatic zone or subzone referred to in paragraph (b) (iv) or (v).

(2) Despite subsection (1), an area is to be treated as a single wetland with a riparian class of W5 if

(a) the area contains

(i) two or more W1 wetlands located within 100 m of each other,

(ii) a W1 wetland and one or more non-W1 wetlands, all of which are within 80 m of each other, or

(iii) two or more non-W1 wetlands located within 60 m of each other, and

(b) the combined size of the wetlands, excluding the upland areas, is 5 ha or larger.

(3) Subject to subsections (4) and (5), for each riparian class of wetland, the minimum riparian management area width, riparian reserve zone width and riparian management zone width for the wetland are as follows:

Riparian Class

Riparian Management Area (m)

Riparian Reserve Zone (m)

Riparian Management Zone (m)

W1

50

10

40

W2

30

10

20

W3

30

0

30

W4

30

0

30

W5

50

10

40

(4) No riparian reserve zone or riparian management zone extends onto any enclosed upland areas in a W1 wetland if the wetland is

(a) located in a boreal, subboreal or hyper-maritime climate, and

(b) greater than 1 000 ha in size.

(5) If the minister considers it necessary for a riparian reserve zone or riparian management zone to extend onto an enclosed upland area, the minister may require either or both of the following:

(a) a riparian reserve zone of a width of 10 m or less;

(b) a riparian management zone of a width of 40 m or less.

(6) The riparian reserve zone for a wetland begins at the edge of the wetland and extends to the width described in subsection (3) or (5).

(7) The riparian management zone for a wetland begins at

(a) the outer edge of the riparian reserve zone, or

(b) if there is no riparian reserve zone, the edge of the wetland, and extends to the width described in subsection (3) or (5)."

Sec. 49 (FPPR), Lake riparian classes

"(1) Lakes have the following riparian classes:

(a) L1-A, if the lake is 1 000 ha or greater in size;

(b) L1-B, if

(i) the lake is greater than 5 ha but less than 1 000 ha in size, or

(ii) the minister designates the lake as L1-B;

(c) L2, if the lake is not less than 1 ha and not more than 5 ha in size and is located in a biogeoclimatic zones or subzone that is

(i) Ponderosa Pine,

(ii) Bunch Grass,

(iii) Interior Douglas-fir, very dry hot, very dry warm or very dry mild,

(iv) Coastal Douglas-fir, or

(v) Coastal Western Hemlock, very dry maritime, dry maritime or dry submaritime;

(d) L3, if the lake is not less than 1 ha and not more than 5 ha in size and is in a biogeoclimatic zone or subzone other than one referred to in paragraph (c);

(e) L4, if the lake is

(i) not less than 0.25 ha and not more than 1 ha in size and is in a biogeoclimatic zone or subzone referred to in paragraph (c) (i), (ii) or (iii), or

(ii) not less than 0.5 ha and not more than 1 ha in size and is in a biogeoclimatic zone or subzone referred to in paragraph (c) (iv) or (v).

(2) Subject to subsection (3), for each riparian class of lake, the minimum riparian management area width, riparian reserve zone width and riparian management zone width are as follows:

Riparian Class

Riparian Management Area (m)

Riparian Reserve Zone (m)

Riparian Management Zone (m)

L1-A

0

0

0

L1-B

10

10

0

L2

30

10

20

L3

30

0

30

L4

30

0

30

(3) If the minister considers it necessary, the minister may specify a riparian management area and a riparian reserve zone for a lake with a riparian class of L1-A.

(4) The riparian reserve zone for a lake begins at the edge of the lake and extends to the width described in subsection (2) or (3).

(5) The riparian management zone for a lake begins at

(a) the outer edge of the riparian reserve zone, or

(b) if there is no riparian reserve zone, the edge of the lake,

and extends to the width described in subsection (2) or (3)."

Sec. 50 (FPPR), Restrictions in a riparian management area

"(1) A person must not construct a road in a riparian management area, unless one of the following applies:

(a) locating the road outside the riparian management area would create a higher risk of sediment delivery to the stream, wetland or lake to which the riparian management area applies;

(b) there is no other practicable option for locating the road;

(c) the road is required as part of a stream crossing.

(2) If a road is constructed within a riparian management area, a person must not carry out road maintenance activities beyond the clearing width of the road, except as necessary to maintain a stream crossing.

(3) A person who is authorized in respect of a road must not remove gravel or other fill from within a riparian management area in the process of constructing, maintaining or deactivating a road, unless

(a) the gravel or fill is within a road prism,

(b) the gravel or fill is at a stream crossing, or

(c) there is no other practicable option."

Sec. 51 (FPPR), Restrictions in a riparian reserve zone

"(1) An agreement holder must not cut, modify or remove trees in a riparian reserve zone, except for the following purposes:

(a) felling or modifying a tree that is a safety hazard, if there is no other practicable option for addressing the safety hazard;

(b) topping or pruning a tree that is not wind firm;

(c) constructing a stream crossing;

(d) creating a corridor for full suspension yarding;

(e) creating guyline tiebacks;

(f) carrying out a sanitation treatment;

(g) felling or modifying a tree that has been windthrown or has been damaged by fire, insects, disease or other causes, if the felling or modifying will not have a material adverse impact on the riparian reserve zone;

(h) felling or modifying a tree under an occupant licence to cut, master licence to cut or free use permit issued in respect of an area that is subject to a licence, permit, or other form of tenure issued under the Land Act, Coal Act, Geothermal Resources Act, Mines Act, Mineral Tenure Act, Mining Right of Way Act, Petroleum and Natural Gas Act or Pipeline Act, if the felling or modification is for a purpose expressly authorized under that licence, permit or tenure;

(i) felling or modifying a tree for the purpose of establishing or maintaining an interpretative forest site, recreation site, recreation facility or recreation trail.

(2) An agreement holder who fells, tops, prunes or modifies a tree under subsection (1) may remove the tree only if the removal will not have a material adverse effect on the riparian reserve zone.

(3) An agreement holder must not carry out the following silviculture treatments in a riparian reserve zone:

(a) grazing or broadcast herbicide applications for the purpose of brushing;

(b) mechanized site preparation or broadcast burning for the purpose of site preparation;

(c) spacing or thinning."

Sec. 52 (FPPR), Restrictions in a riparian management zone

"(1) A holder of a minor tenure who fells trees in a cutblock within a riparian management zone of a class described in Column 1 must ensure that

(a) the percentage of the total basal area within the riparian management zone specified in Column 2 is left as standing trees, and

(b) the standing trees are reasonably representative of the physical structure of the riparian management zone, as it was before harvesting:

Column 1
Riparian Class

Column 2
Basal Area to be Retained Within Riparian Management Zone (%)

S1-A or S1-B stream

> 20

S2 stream

> 20

S3 stream

> 20

S4 stream

> 10

S5 stream

> 10

S6 stream

Not applicable

All classes of wetlands or lakes

> 10

(2) An authorized person who cuts, modifies or removes trees in a riparian management zone for an S4, S5 or S6 stream that has trees that contribute significantly to the maintenance of stream bank or channel stability must retain enough trees adjacent to the stream to maintain the stream bank or channel stability, if the stream

(a) is a direct tributary to an S1, S2 or S3 stream,

(b) flows directly into the ocean, at a point near to or where one or more of the following is located:

(i) a herring spawning area;

(ii) a shellfish bed;

(iii) a saltwater marsh area;

(iv) an aquaculture site;

(v) a juvenile salmonid rearing area or an adult salmon holding area, or

(c) flows directly into the ocean at a point near to the location of an area referred to in paragraph (b) and failure to maintain stream bank or channel stability will have a material adverse impact on that area."

Sec. 53 (FPPR), Temperature sensitive streams

"Authorized person who fells, modifies or removes trees in a riparian management area adjacent to a temperature sensitive stream, or a stream that is a direct tributary to a temperature sensitive stream, must retain either or both of the following in an amount sufficient to prevent the temperature of the temperature sensitive stream from increasing to an extent that would have a material adverse impact on fish:

(a) streamside trees whose crowns provide shade to the stream;

(b) understory vegetation that provides shade to the stream."

VI. Additional Practice Requirements for riparian areas are outlined in Sec. 47-52 and 54-58 of the FPPR and they include:

  • Riparian classes for streams, wetlands and lakes, Sec. 47 (FPPR), Stream riparian classes, Sec. 48 (FPPR), Wetland riparian classes, Sec. 49 (FPPR), Lake riparian classes
  • Maintenance of roads in a riparian management area is restricted to clearing widths except as necessary to maintain stream crossings,
  • Gravel for road activities cannot be removed from riparian management areas unless within the road prim, located at stream crossing, or there is no other practicable option,
  • Trees must not be cut in a riparian reserve zone unless for specified situations such as removing a safety hazard, facilitating cable harvesting or building a stream crossing,
  • Harvesting in a riparian management zone must meet requirements for percentage of total area remaining and physical structure,
  • Activities on the coast must not cause fan destabilization,
  • Stream crossing must protect stream channels and banks. Temporary stream crossings must be removed when no longer required,
  • Activities must not have material adverse effect on fish passage in a fish stream. Temporary impacts may be possible if fish are not migrating or spawning and the source of impact is removed immediately upon completion of the activity,
  • Activities must be conducted at a time and in a manner to protect fish and fish habitat.

Sec. 54, (FPPR) Fan destabilization

"An authorized person who carries out a primary forest activity on the Coast must ensure that the primary forest activity does not cause fan destabilization that has a material adverse effect in relation to one or more of the subjects listed in section 149 (1) of the Act. "

Sec. 55, (FPPR) Stream crossings

"(1) An authorized person who builds a stream crossing as part of a temporary access structure or permanent access structure must locate, build and use the crossing in a manner that

    (a) protects the stream channel and stream bank immediately above and below the stream crossing, and

    (b) mitigates disturbance to the stream channel and stream bank at the crossing.

(2) An authorized person who builds a stream crossing as part of a temporary access structure must remove the crossing when it is no longer required by the person."

Sec. 56 (FPPR) Fish passage

"(1) An authorized person who carries out a primary forest activity must ensure that the primary forest activity does not have a material adverse effect on fish passage in a fish stream.

(2) An authorized person who maintains a fish stream crossing built after June 15, 1995, must ensure that the crossing does not have a material adverse effect on fish passage.

(3) Despite subsections (1) and (2), an authorized person may temporarily allow a material adverse effect on fish passage to construct, maintain or deactivate a road, including a stream crossing, if

    (a) fish are not migrating or spawning, and

    (b) the source of the material adverse effect is removed immediately on completion of the construction, maintenance or deactivation."

Sec. 57 (FPPR) Protection of fish and fish habitat

"An authorized person who carries out a primary forest activity must conduct the primary forest activity at a time and in a manner that is unlikely to harm fish or destroy, damage or harmfully alter fish habitat."

Sec. 58, (FPPR) Use of livestock in riparian areas

"An agreement holder who uses livestock for site preparation or brush control for the purpose of carrying out a silviculture treatment must not

(a) construct a livestock corral

(i) in a riparian management area,

(ii) on an area that drains directly into a fish stream or a fish-bearing wetland or lake, or

(iii) on an area within a community watershed that drains directly into a potable water source, or

(b) use the livestock in a riparian management area that is located within a community watershed."

VII. Factors to Consider in Developing Results & Strategies:

Factors in regulations (FPPR) to consider in developing results and strategies for water, fish wildlife and biodiversity in riparian areas include the:

Schedule 1, Sec. 2 (FPPR) Factors relating to objective set by government for water, fish, wildlife and biodiversity in riparian areas

"The following factors apply to a result or strategy for the objective set out in section 8 [objectives set by government for water, fish, wildlife and biodiversity within riparian areas]:

    (a) the type of management regime that is required for a riparian area, having regard to

    (i) the need to buffer the aquatic ecosystem of a stream, wetland or lake from the introduction of materials that are deleterious to water quality or fish habitat,

    (ii) the role played by trees and understory vegetation,

    (iii) the need to maintain stream bank and stream channel integrity, and

    (iv) the relative importance and sensitivity of different riparian classes of streams, wetlands, and lakes;

    (b) the type, timing or intensity of forest practices that can be carried out within the context of a management regime referred to in paragraph (a);

    (c) the role of forest shading in controlling an increase in temperature within a temperature sensitive stream, if the increase might have a deleterious effect on fish or fish habitat."

VIII. Exemptions:

The Minister of Forests and Range may grant an exemption for practices in regulation for riparian areas including riparian management areas, management and reserve zones.

Sec. 91, (FPPR) Minister may grant exemptions

"(1) If the minister is satisfied that it is not practicable, given the circumstances or conditions applicable to a particular area, the minister may exempt

(a) a person from

(i) one or more of the following sections of the Act: 10; 29; 29.1; or

(ii) one or more of the following sections of this regulation: 41; 42; 46; 46.1; 50 (2) or (3); 51; 55 to 63; 68; 70 (1); 72; 73; 75; 76; 78; 79; 83 to 85 (1),

(b) a holder of any form of minor tenure from one or more specified provisions of this regulation, and may restrict the exemption to a holder of a minor tenure located in a particular forest region, forest district or other area of British Columbia, and

(c) a holder of a forestry licence to cut, other than a major licence or a minor tenure, from one or more of sections 35, 36, 47 to 52 and 64 to 67.

Other exemptions are listed in Sec. 50, Sec. 51, Sec. 55, Sec. 56, Sec. 57, Sec. 58 (FPPR):

Sec. 50, (FPPR) Restrictions in a riparian management area

Sec. 51 (FPPR) Restrictions in a riparian reserve zone

Sec. 55, (FPPR) Stream crossings

Sec. 56 (FPPR) Fish passage

Sec. 57 (FPPR) Protection of fish and fish habitat

Sec. 58, (FPPR) Use of livestock in riparian areas

Sec. 12 (3) (FPPR) Specifying results or strategies (Dec. 13, 2004)

"(3) Despite section 12.1 (2), a person who prepared a forest stewardship plan must specify in it, for the objectives set out in section 8, a result and strategy that addresses retention of trees in a riparian management zone."

Sec. 12.1 (2) (FPPR) Exemption - when undertaking given for compliance with specified regulations:

"(2) A person required to prepare a forest stewardship plan is exempt from that plan from the requirement under section 5 of the Act that the plan specify intended results or strategies in relation to the objective for water, fish, wildlife and biodiversity set out in section 8 of this regulation if the person

(a) prepares the plan, including in it an undertaking that the person will comply with sections 47 to 51, 52 (2) and 53 of this regulation, during the term of the plan, and

(b) receives the minister's approval to the plan."

Sec. 12.3 (FPPR) Conditional exemption - from one or more of sections 47 to 53

"(1) A person required to prepare a forest stewardship plan is exempt from section 47 (4) to (6) if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for the objective for water, fish, wildlife and biodiversity set out in section 8, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(2) A person required to prepare a forest stewardship plan is exempt from section 48 (3) to (5) if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for the objective for water, fish, wildlife and biodiversity set out in section 8, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(3) A person required to prepare a forest stewardship plan is exempt from section 49 (2) and (3) if the person

(a) prepares and submits to the minister the proposed plan, including an intended result of strategy for the objective for water, fish, wildlife and biodiversity set out in section 8, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(4) A person required to prepare a forest stewardship plan is exempt from section 50 (1) if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for the objective for water, fish, wildlife and biodiversity set out in section 8, in relation to the area of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(5) A person required to prepare a forest stewardship plan is exempt from section 51 (1) or (3) if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for the objective for water, fish, wildlife and biodiversity set out in section 8, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(6) A person required to prepare a forest stewardship plan is exempt from section 52 (2) if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for the objective for water, fish, wildlife and biodiversity set out in section 8, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(7) A person required to prepare a forest stewardship plan is exempt from section 53 if the person

(a) prepares and submits to the minister the proposed plan, including an intended result of strategy for the objective for water, fish, wildlife and biodiversity set out in section 8, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan."

Sec. 12.31 Conditional exemption - section 55, 56 or 57

"(1) A person required to prepare a forest stewardship plan is exempt from section 55 as it pertains to cumulative hydrological effects on fish habitat in fisheries sensitive watershed if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for fish habitat in a fisheries sensitive watershed set out in section 8.1, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(2) A person required to prepare a forest stewardship plan is exempt from section 56 as it pertains to cumulative hydrological effects on fish habitat in fisheries sensitive watershed if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for fish habitat in a fisheries sensitive watershed set out in section 8.1, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(3) A person required to prepare a forest stewardship plan is exempt from section 57 as it pertains to cumulative hydrological effects on fish habitat in fisheries sensitive watershed if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for fish habitat in a fisheries sensitive watershed set out in section 8.1, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan."

Cumulative Impact: When establishing objectives, the appropriate Minister, or delegate must consider the impact of the proposed objective on the provincial timber supply and cumulative impact on rights granted to timber, woodlot or range agreement holders.

Sec. 19, (FPPR) Division 2.1. Cumulative effect of multiple forest stewardship plans

For the purpose of section 9 [proportional objectives] of the Act, the minister may establish targets referred to in that section, if, where there are likely to be multiple forest stewardship plans within an area,

(a) one or more agreement holders may be unduly constrained in the specifying of results or strategies in the holder's plan unless targets are established under section 9 of the Act,

(b) the agreement holders within the area are unable to reach an agreement that would remove the constraints referred to in paragraph (a),

(c) an agreement holder subject to a constraint referred to in paragraph (a) requests the minister to act under section 9 of the Act, and

(d) the minister is satisfied that a fair and effective order can be made under this section."

New Objectives: Once a new objective has been in place for at least four months:

  • New Operational Plans must contain results and strategies to address the new objective if applicable to the area under the plan
  • Existing Operational Plans must be amended to address the new objective if applicable to the area under the plan
  • The Government can reduce this four month period for some objectives.

FRPA Resource Evaluation Program:

For effectiveness evaluation related questions visit the FRPA Resource Evaluation Program web site

For a collection of fish-related resources and other supporting materials visit the FRPA Resource Evaluation Program web site fish section

Fish Conservation and Evaluation Links:

Resource Values Indicators Site:

List of resource value indicators


Other FRPA values: select form the list below:

  1. Soils
  2. Timber including Forest Health
  3. Wildlife
  4. Fish
  5. Water
  6. Biodiversity
  7. Cultural Heritage Resources
  8. Resource Features
  9. Recreation Resources
  10. Visual Quality
  11. Forage and Associated Plant Communities

Disclaimer: Please note that the government is under no obligation to develop or provide the objectives matrix to FRPA stakeholders. The matrix was developed to assist those who prepare operational plans with identifying objectives for which results and strategies must be developed within operational plans. The Ministry of Forests does not make any guarantees with respect to the accuracy, currency and reliability of the information contained within this objectives matrix.

It is the plan proponent's responsibility to ensure that all legal requirements are met.
The legislation extracts quoted in the text of this web site are for the users convenience only and they do not have legal status.
For the official legal text, please refer to the Queens Printer legal publications.

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