Okanagan TSA Steering Committee Meeting Minutes
Okanagan Shuswap Forest District
9:00 – AM – 12:00, December 12, 2006
Okanagan Shuswap District Conference Room.
Chair:
Scribe:
Brian Bedard, BCTS
Rich Toperczer, Ministry of Forests
Attendees:
Old Business
Topic
Professional
reliance
I-Team
Discussion
Lead
All
Description
Standing topic at meetings.
Rick Smith
Peter Love
Standing topic.
dealing with.
Meeting Notes
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Update on issues that I-team is 
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Items from last meeting:
CFA license extension should be a valid rationale for requesting
waiving of CP extension fees
CP extension fees can be waived for post Nov. 2003 Permits.
Sec 7 notices for FSP – need to protect habitat and occurrence.
Culture/Climate roles and responsibilities document – I-Team is
working with local document – item of conversation is gap
between C&E and FREP and role of ministry monitoring.
Discussion on incentives for retaining CWD on cutblocks,
Researchers are promoting retention of more MPB waste on
cutblocks – issues are fire, forage, waste availability for other
clients,
Resource roads Act is being put together for “dirt” ministries –
covers construction, maintenance, use and deactivation –
consultation Jan 07 – implementation 2008.
Larry Gardner discussed RP issuance and sections of non-status
roads between status sections and environmental problems issue
– request that Doug Kelly consider change to RP so that obligation
does not begin until new road is under construction.
Comparative cruising is still not supported by Branch especially
with grade changes – allowance “pays” for full cruise anyway and
there are issues with the softwood lumber agreement.
The waterbed is an obstacle to getting a better haul differential. If
licensees are interested, they need to take it to IAAC.
Dry grade 4 does not get measured if left in bush but is measured
if taken to mill, anticipate shortage of chips for pulp, this will be
fixed in very near future.
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FSP’s, issues etc.
All
Licensees to pick topics of concern for an open
discussion
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Association
Update
Paul
Knowles
Standing Topic
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Cut control flexibility for at least 2 periods and allow for undercuts
for MPB, no appetite to make these changes. Rick is looking for
some data to support this from licensees. ACTION: If there is still
desire to pursue these changes, let Rick Smith know and provide
some data to support.
Licensees may be able to select if they want to use Dec billing
included in current cut control year. ACTION: Peter to forward
notice document when received.. CPs do not need to be
amended if they are being surrendered. CPs do not need to be
issued prior to year end, but you must have CP applied for
(complete application) by Dec 31 in order for it to be approved
under your FDP. CP can be issued w/out FSP in new year.
Post Nov. 2003 CPs may be extendable, legislation is in the
works.
DOS not prepared to accept a CP surrender date beyond 2010.
FRPA implementation: implementation workshop in spring, 12
FSPs approved in SIR, sec 196 clarification coming, licensees do
not get 196(2) protection without a submitted FSP prior to FDP
expiry. PFIT looking for clarification on 500m3 salvage ability
within FDUs.
Caribou meeting will present plans for caribou and impacts on
forest resource.
Under FRPA, licensees are responsible to notify MOE of works
near or in a water body, Sec 44 of Fisheries Act? Clarity
(agreement to disagree) coming on the use of ‘practicable’.
Executive is up north looking at shelf life, looking at year end
rationalization for cracks in logs using scale information as
opposed to cruise.
Waste Benchmarks go away March 07.
MOE is working through WHAs and can provide info on what they
have currently. Much work being done with regards to private land
development.
Question: have Stocking Standards guidance been finalized. New
guidance on Forest Practices Branch website.
Concerns around overlapping FSPs with FN and other NRFLs.
Legislation is silent, but expectation is that licensees discuss
shared targets and issues. DM can direct if necessary. Emphasis
is placed on licensee cooperation.
New exec director soon to be announced.
New statement coming from ABCFP on Weyco case
Pass of 78% this year for FPFs and 75% for RFTs
Forest capital of BC deadline extended and City of Vernon is the
only application at this time.
New Business
Topic
Role of C&E
Discussion
Lead
Patrick
Tobin
Description
A C&E overview of numbers and types of inspections.
Start with a 10 minute presentation followed by some
basic data and Q&A session. To allow Patrick to attend
another meeting, this will be put on the top of the
agenda.
Meeting Comments
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Forestry License to Cut
Regulation
Bob Annand
Forestry License to Cut regulation has been amended to
allow for up to 5000 m3 of wood that is at risk.
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Law enforcement for MoFR. Working through change to
FRPA and FSPs. Will not create a significant shift from
current mandate – except where they find the information
and the landscape level target rationalization
Responsibilities: Environmental, Revenue and Detect and
Investigate “forest crimes” (theft, arson, mischief). Done
through inspections, investigations, complaints (150/yr)
and actions.
Investigation if there is a suspected contravention.
Operate in administrative remedies framework, judicial
fairness, notification, sharing of evidence prior to hearing,
inform clients of their rights. Time consuming process to
investigate.
C and E risk rates inspections by L,M, H and VH and then
assigns priority – time of operations, operator performance,
revenue, program goals, or area of emphasis.
Target is 850 -1000 inspections per year – with legislated
Provincial goal of assessing 85 % of H or VH priority sites
C&E must prove that act occurred – do not have to prove
intent (51% for admin).
Defences: officially induced error, due diligence, mistake
of fact. No expectation of privacy on Crown land.
DM weighs evidence in OTBH and may levy a fine, etc if
balance of probabilities (51%) dictate. Considerations:
gravity, magnitude, previous contraventions, deliberate,
economic benefit, cooperation to correct, other.
Actions: compliance action: warnings, restrictions,
seizures, stop work.
Enforcement action: determination is made, tickets, admin
remedies, remediation orders, court prosecution.
Provincial expectation is for 94% compliance.
Intermediate salvage FLTCs can be issued to harvest dead
or damaged due to fire, windthrow and beetles as well as
wood under risk of attack by beetles, including access
wood and can be up to 5000m3 for areas not being
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Timber Reallocation
Transition Plan for
OKTSA
Rick Smith
Review of current draft wording before it goes to the DM
for sign off.
Draft Caribou habitat
management options
Ted McRae
SaRCO has proposed management options for Caribou.
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addressed. Currently in pilot stage for medium patches.
Licenses are competitively awarded (starting bid at 70% of
6-1 rate plus silv levy) and silv liability will be looked after
by MoFR. 12 licenses to be awarded in province under
pilot stage (by March 07). Evaluation of pilot will be made
by June 07. Anticipation is that these will be clearcut.
DOS does not anticipate a large use for these licenses, but
are considering them. No FSP required but must follow
FPPR. DOS develops Site Plan and does layout as
required.
ACTION: – If Licencee have any area they believe would
“fit” this pilot – let District staff know.
Proposed stumpage changes: CFAs 15%, WLs 27.5%
and SSS (for Pl) 75% of Table 6-1 rates,
Reallocation of operating areas: some confusion with FN
volume. Sec 2.2 allocation numbers are inaccurate, need
clarification of entitlement of volume. Sec 3.2 table may be
inaccurate. ACTION: Rick to fix.
ACTION ;Comments due to Rick by Dec 20th.
Note sent to MLs yesterday. Quick Overview – endangered
provincially Threatened Federally, Agriculture & Lands
Minister Pat Bell stated we need support development of a
recovery plan 60-100 year phase
Formal consultation Dec 1 to Jan 31. Action plan byMarch
31, implementation by June 1.
Options: Status quo, maintain current pop, maintain pop
with resilience (or grow pop), assisted long term sustaining
(mgmt of preditors, habitat, rec), self sustaining pop.
Strategies: remove predators, other ungulates in same
habitat, protect habitat from logging, rec and move caribou
from larger to smaller herds.
Questions from scientific panel: Do licensees understand
the options, what are the issues/effects and what are the
alternatives
Link to ILMB website:
http://ilmbwww.bov.bc.ca/sarco/mc
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Disposition plan for TSA
uplift and IFPA uplift
Various
Update of the disposition plan for the TSA and IFPA
uplift
Two planning units in DOS. South Monashee – status
quo planned, pop 8. Revelstoke - Shuswap – no option for
this unit yet, pop 200. May be looking at connectivity
between herds.
 ACTION: Comments due Feb 28, 2007
 There are some litigation issues, but no more info is
available at this time.
FDP amendments
Peter Love
How are FDP amendments proceeding prior to FDP
expiry
Land base investment
account
Glen Dick
The Okanagan Innovative Forestry Society is preparing
the LBIR for 2006/07.
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Appointment/election of
new Chairman and
Secretary.
Future meeting
Schedule
Brian
Bedard
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Feb 15
Tolko has 1mill m3 of FDP amends to be processed prior
to FDP expiry.
Other licensees do not anticipate problems.
$1.6mill for TSA original. Additional $950K for inventory.
Some new rules.
PWC contract has been renewed.
LBIR is expected to be a district wide document.
People should be thinking about what activities should be
included in the LBIR now.
ACTION: All parties to get back to Tanya re: two
highlighted sections (in orange). All comments on
activities to Tanya by Jan 31. (250)712-0382 or
tseebach@interchange.ubc.ca
New project coming on line with FIA for Retention
Planning.
Luke Gubbels has volunteered to take on role as new
scribe.
Richard Toperczer has volunteered to be the new Chair.