Streamlining the Code
Fish And Wildlife: Introduction
Section
13
Fish And Wildlife
13.1: Introduction
What’s
Changed
Changes have been made that affect several aspects of
fish and wildlife management:

Map location (in the FDP) of known ungulate winter range,
known wildlife habitat areas (WHAs), known stream
classification, and known presence or absence of fish.

Riparian assessment in the forest development plan is only
required in areas of joint approval. All streams, wetlands
and lakes need to be assessed and classified in the
silviculture prescription
OPR, s.15
20(1)

In the FDP, the following objectives must be provided: known
objectives for ungulate winter range; general objectives for
riparian management zones, including range of basal area
retention by stream class; general objectives for target levels
of retention for coarse woody debris and wildlife trees.
OPR,
s. 18(1)

For the cutblock (Category A approval), strategies are to be
provided for management of known ungulate winter range.
OPR,
s. 20(1)

In the silviculture prescription, the licencee must show the
locations of mappable reserves, including wildlife tree
patches and riparian reserve zones.
OPR,
s. 39(2)

Also in the SP, the licencee must provide the riparian
management zone and a description of the residual basal
area or stems per hectare to be retained.
OPR,
s. 39(4)
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OPR,
s. 18(1)
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What’s
Moved
Fish And Wildlife: Introduction

Requirements moved from the logging plan into the SP
include: falling and yarding across streams, and strategies for
debris management.

Regardless of whether streams, wetlands, or lakes have
been missed or incorrectly classified, the stream, wetland or
lake still has the classification as set out in Part 8 of the
Operational Planning Regulation. Activities in the riparian
management zone must be carried out consistent with the
objectives approved in the FDP. No harvesting is allowed in
the riparian reserve zone unless authorized in an operational
plan in accordance with section 10(3) of the Timber
Harvesting Practices Regulation.
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OPR,
39(5)
THPR,
s. 10(3)
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Fish And Wildlife: Streams and Fish Streams
13.2: Streams and Fish Streams
What
amendments
have been
made to Code
regulations
with respect
to fish and
wildlife?
There are four significant changes to stream related
definitions:




OPR,
s. 1
“stream”;
“fish stream”;
“reach”; and
“fisheries-sensitive zones”.
OPR, s. 1
All four have been changed, and all are interrelated.
THPR, s. 1
a) The important changes in the definition of “stream” are: a
stream is any reach; it must have a continuous channel bed;
the bed or banks can be locally obscured; and the bed must
be scoured by water or contain observable deposits of mineral
alluvium.
b) “Fish stream” means a “stream”, rather than a portion of a
stream, and a “stream” means any “reach”. This change will
reduce the number of streams that need to be inspected to
determine if they are fish streams.

The method for determining stream gradient and its
classification with respect to fish bearing or non-fish
bearing is to be determined in accordance with the
Fish Stream Identification Guidebook.

In order to qualify as a fish stream, a stream is no
longer required to flow directly into a stream
frequented by the species of fish referred to in
paragraph (a) of the definition, the Pacific Ocean, or
a lake known to support fish.

An inventory is required to be done in accordance
with the Fish Stream Identification Guidebook.

The regulation acknowledges that a stream cannot
be fish bearing if it is located above an impassable
barrier and dries up completely at any time of the
year. This change will reduce the number of
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Fish And Wildlife: Streams and Fish Streams
streams that must be inspected to determine if they
are fish streams.
The Deputy Minister of Environment, Lands and Parks
and the Chief Forester, may classify a species of fish
as identified threatened or endangered or regionally
important fish for the purposes of the definition of fish
stream in the Code.
c) “Reach” is a new definition. See the “Fish Stream
Identification Guidebook” for the definition and information.
Stream classification is based on stream reach. (Diagrams
are available for viewing on the MoF website at:
http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/fish/adden
.htm).
OPR,
s. 71(1)
THPR
Sec. 1
d) The definition of “fisheries sensitive zone” has been
changed to be consistent with the fish stream definition,
and to remove the words “over-wintering anadromous.”
The fisheries sensitive zone will apply to all fish listed in
the definition of fish stream.
When
Operational Planning Regulation, sections 1 and 71, will
come into effect on June 15, 1998.
Timber Harvesting Practices Regulation, section 1, will come
into effect on June 15, 1998.
Fish And Wildlife: References for
Regionally Important and Identified Treatment or Endangered Fish
Regulation:
Operational Planning Regulation (OPR), section 1 and 71
Timber Harvesting Practices Regulation, section 1
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Fish And Wildlife: Ungulate Winter Range
13.3: Ungulate Winter Range
What’s
Changed
a)
b)
When
“Ungulate winter range” is defined as an area that is
identified as being necessary for the winter survival of an
ungulate species by any of the following:

a higher level plan;

the chief forester and Deputy Minister of Environment,
Lands and Parks under section 69 (ungulate winter range)
of the Operational Planning Regulation;

a wildlife management plan or strategy approved
before October 15, 1998.
A framework for the process related to ungulate winter
range is outlined in the Operational Planning Regulation
section 69.
OPR, s. 1
OPR, s. 69
OPR,
s. 69
Operational Planning Regulation, section 1 (definition of
ungulate winter range), and section 69, will come into effect
on October 15, 1998.
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Fish And Wildlife: Identified Wildlife and GWMs
13.4: Identified Wildlife and General Wildlife Measures
What’s
Changed
The following provisions ensure that compliance with required
standards of practice continue to be enforceable.
a) The Deputy Minister of Environment, Lands and Parks and
the Chief Forester, acting jointly, may:

classify a species at risk as identified wildlife;

establish a mapped area of land as a wildlife habitat
area (WHA);

establish a management practice that applies inside
WHAs, as a general wildlife measure (GWM); and

establish a management practice that applies within a
specified ecosystem unit as a GWM (i.e. outside a
WHA).
OPR,
s. 70(1)
b) The classification of a species at risk as identified wildlife,
and the establishment of a GWM and a WHA, may be
varied or canceled by both the Deputy Minister of
Environment, Lands and Parks, and the chief forester.
OPR,
s. 70(2)
c) An establishment, variation or cancellation order (as
described above) becomes effective when a notice is
published in the Gazette.
OPR,
s. 70(3)
d) A person carrying out harvesting or silviculture treatments
within WHAs must do so in accordance with the GWMs
that are established for the WHA. These GWMs are to be
made available to the person by the district manager or
designated environment official at the time the WHA is
made known.
FRR, s. 26
SPR, s. 7
THPR, s. 27
Refer to Chapter 18, “What’s Coming” for more information on
the Identified Wildlife Management Strategy. Information on
the 1998 training initiative related to Identified Wildlife is
contained in the Appendices.
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When
Fish And Wildlife: Identified Wildlife and GWMs
Operational Planning Regulation, section 70, the Silviculture
Practices Regulation, section 7, and the Timber Harvesting
Practices Regulation, section 27, will come into effect on June
15, 1998.
Fish And Wildlife: References for
Identified Wildlife and General Wildlife Measures
Regulation:
Operational Planning Regulation (OPR), section 70
Silviculture Practices Regulation (SPR), section 7
Timber Harvesting Practices Regulation (THPR), section 27
Forest Road Regulation (FRR), section 26
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Fish And Wildlife: Questions and Answers
13.5 Questions and Answers
Question 1
What is a Wildlife Habitat Area?
Answer:
A mapped area of land that the Deputy Minister of Environment, Lands and
Parks, or a person authorized by that Deputy Minister, and the Chief Forester,
have determined is necessary to meet the habitat requirements of one or more
species of identified wildlife. (OPR, s. 1)
Question 2
What is Identified Wildlife?
Answer:
Those species at risk that the Deputy Minister of Environment, Lands and Parks
or a person authorized by that Deputy Minister, and the Chief Forester, agree will
be managed through a higher level plan, wildlife habitat area or general wildlife
measure. (OPR Sec. 1)
Question 3
How do industry foresters or consultants find out where these wildlife habitat
areas are?
Answer:
Wildlife habitat areas will be established through written order, advertised in the
Gazette, and sent out to licensees by the agencies. Interim measures (including
locations) will be made known by the district manager and designated
environment official to licensees so they can be incorporated into operational
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Fish And Wildlife: Questions and Answers
plans. More comprehensive information will be available as part of the Identified
Wildlife Management Strategy.
Question 4
How has the requirement to show streams on a forest development plan
been changed?
Answer:
Currently, a forest development plan must show, for the area under the
plan, the location of the streams that are shown on forest cover maps, fish
and fish habitat inventory maps or terrain resource inventory maps, that are
the same scale as the plan. The forest development plan must also show
the location and the riparian classes of all the streams that are within a
cutblock or adjacent to a road if a silviculture prescription or a road layout
and design is going to be submitted for approval during the term of the
forest development plan.
Under the new planning requirements, a forest development plan must
show, for the area under the plan, all the streams that are currently required
to be shown, except for the locations of smaller streams within a cutblock or
adjacent to a road that are not depicted on the above-mentioned inventory
maps.
In addition, the riparian classification of streams need only be carried out if
the streams are located within a community watershed or other area under
the forest development plan that requires joint approval. The requirement
to show the location of the smaller streams (generally less than 2 m in
width) and to determine the riparian classes of streams outside joint
approval areas has been moved from the forest development plan to the
silviculture prescription and the road location survey.
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Fish And Wildlife: Questions and Answers
Question 5
Are the required widths for riparian reserve and management zones
changed?
Answer:
No.
Question 6
Are the allowable forest practices in the riparian reserve zones changed?
Answer:
There is no change in the level of protection for riparian reserve zones.
Provisions have been moved from the Planning Regulation to the Practices
Regulation. However, as before harvesting from a riparian reserve zone is
still prohibited unless the removal of trees is being done with district
manager and designated environment official approval for one of the same
set of limited circumstances as previously specified.
Harvesting in a riparian reserve zone is prohibited whether or not the
stream has been identified or correctly classified in an operational
plan.
Question 7
Have allowable forest practices for riparian management zones been
changed?
Answer:
No, but some planning requirements are changed. The tree retention
objectives for all classes of streams must now be specified in the forest
development plan, which is an improvement on the present requirement.
This ensures that a person reviewing a plan has knowledge about the level
of tree retention that must be achieved.
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Fish And Wildlife: Questions and Answers
The silviculture prescription must state whether cross-stream felling or
yarding will be undertaken and must describe strategies to protect stream
banks, manage debris in the stream, and to provide shade to known
temperature sensitive streams.
Harvesting in riparian management zones adjacent to any stream that was
not properly identified or classified in an operational plan must be carried
out in accordance with the provisions in the regulations and must be
consistent with the tree retention objectives specified for that stream class in
the forest development plan.
Question 8
Can enforcement actions be taken against a person who causes damage to
a stream that was not identified or incorrectly classified in an approved
plan?
Answer:
The Timber Harvesting Practices Regulation has been amended to ensure
compliance and enforcement actions can be taken against a person who
carries out a prohibited activity whether or not a stream is identified or has
been incorrectly classified on a plan.
Question 9
Previously, a person could not propose clearcutting in areas where canopy
closure was critical for maintaining wildlife habitat. Why was this eliminated
from the Operational Planning Regulation?
Answer:
The prohibition on planning previously contained in the Operational
Planning Regulation has been replaced by a mandatory requirement in
the Timber Harvesting Practices Regulation to harvest in accordance with
general wildlife measures which describe when clearcutting is not an
acceptable practice.
The Timber Harvesting Practices Regulation also prohibits clearcutting in
known ungulate winter ranges, unless this has been approved in a forest
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Fish And Wildlife: Questions and Answers
development plan or authorized by the district manager with agreement of
the designated environment official.
Question 10
Why is the establishment of general wildlife measures outside of wildlife
habitat areas enabled in the Operational Planning Regulation, but not
provided for in the practices regulations?
Answer:
Currently the Identified Wildlife Strategy (vol. 1) does not include any
species where the general wildlife measure would apply outside a wildlife
habitat area. However, if in future updates to the strategy there are
species that require application of general wildlife measures outside of
wildlife habitat area, an amendment to the practices regulations can be
made without having to amend the Operational Planning Regulation.
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