Summary of Forest and Range Practices Act (FRPA) Resource Value Objectives There are three tiers of objectives under FRPA. Tier 1 – Land Use Objectives (aka higher-level plan objectives) include legal strategic land use objectives and an intended provincial old growth order. MSRM’s authority for Tier 1 objectives resides in section 3-5 of the FPC (i.e. HLP objectives for resource mgt zones, landscape units and sensitive areas); this authority is migrating to the Land Act. These types of objectives are not necessarily subject to the 6% timber supply constraint (whereas Tier 2&3 are subject to this 6% constraint). Land use objectives are defined as one kind of “objective set by government” under FRPA. Tier 2 – Another kind of “objectives set by government” is defined in the FRPA regulations (under authority of section 149 of FRPA Act). In the Forest Planning and Practices Regulation these objectives are defined in Part 2. Objectives set by government are also defined in the Range Planning and Practices Regulation, and in the Woodlot Planning and Practices Regulation. Not all values defined in FRPA have tier 2 objectives because not all values need to be addressed in operational plans (e.g., resource features such as karst features are handled as a practices requirement rather than as a plan content requirement). However, regardless of whether an objective exists for a value – the value must be protected or conserved as prescribed in the regulations. The objectives in the Forest Planning and Practices Regulation includes the statement that the objective not unduly reduce the supply of timber from BC’s forests, for several non-timber values. The intent of this language is to ensure that conservation of nontimber values is undertaken in balance with economic benefits associated with values. FRPA is to be guided by the timber supply impact targets (6% cap) that aided implementation of the Forest Practices Code. Under the Code, the “adequately manage and conserve” plan approval test was guided by government’s timber supply impact targets. Under FRPA, this test is written into the objectives themselves. Tier 3 – Objectives enabled by regulation for site-specific areas are the responsibility of one of the three ministers (MoF, MWLAP, MSRM) depending on the designation. The ministers can delegate this authority. Examples include objectives for ungulate winter range, lakeshore management zones, community watersheds, scenic areas, etc. In case of conflict, there is a hierarchy of objectives. Tier 1 objectives override Tier 2 and 3 objectives; Tier 2 override Tier 3 objectives. Also when government establishes Tier 3 objectives enabled in the regulations, they must be consistent with Tier 1 and 2 objectives. Objectives play a key role in FRPA. They trigger operational plan content requirements to provide measurable or verifable results and/or strategies that are consistent with objectives. This is a key plan approval test. C&E actions are with respect to approved results and strategies NOT the objectives themselves. A key role of the FRPA Resource Evaluation Program is to assess is if approved results and strategies are enabling the objectives to be achieved. Another key role of the Evaluation program is to determine if the objectives themselves provide appropriate direction to licensees who prepare operational plans so that government’s intent can be achieved and if the factors listed in the schedule of the Forest Planning and Practices Regulation are appropriate. Below is a “cut and paste” of the section within the Forest Planning and Practices Regulation and the Range Planning and Practices Regulation related to resource value objectives: Division 1 - Content (Objectives) are the objects set by government for soils; timber; wildlife; water, fish, wildlife, and biodiversity within riparian areas; wildlife and biodiversity; cultural heritage resources; and ‘other’ objectives. Schedule “A” lists Factors relating to objectives for Forest Stewardship Plans. Part 2 – Range Planning and Practices Regulation – Range objectives Division 1 - 9 Woodlot Planning and Practices Regulation - established objectives Please consider the objectives related to your value(s) during the development of your priority evaluation questions. Forest Planning and Practices Regulation Division 1 – Content (Objectives) Objectives set by government for soils 5 The objective set by government for soils is, without unduly reducing the supply of timber from British Columbia’s forests, to conserve the productivity and the hydrologic function of soils. Objectives set by government for timber 6 The objectives set by government for timber are to (a) maintain or enhance an economically valuable supply of commercial timber from British Columbia’s forests, and (b) enable an agreement holder, in the exercise of its timber harvesting rights granted by the government, to be vigorous, efficient and world competitive. Objectives set by government for wildlife 7 (1) The objective set by government for wildlife is, without unduly reducing the supply of timber from British Columbia’s forests, to conserve sufficient wildlife habitat in terms of amount of area, distribution of areas and attributes of those areas, for (a) the survival of species at risk, (b) the survival of regionally important wildlife, and (c) the winter survival of specified ungulate species. (2) A person required to prepare a forest stewardship plan must specify a result or strategy in respect of the objective stated under subsection (1) only if the Minister of Water, Land and Air Protection, or a designated official, notifies the person of the applicable (a) species referred to in subsection (1), and (b) indicators of the amount, distribution and attributes of wildlife habitat described in subsection (1). (3) If satisfied that the objective set out in subsection (1) is addressed, in whole or in part, by an objective in relation to a wildlife habitat area or an ungulate winter range, a general wildlife measure, or a wildlife habitat feature, the Minister of Water, Land and Air Protection, or a designated official, must exempt a person from the obligation to specify a result or strategy in relation to the objective set out in subsection (1) to the extent that the objective is already addressed. (4) On or after August 1, 2004, a notice described in subsection (2) must be given at least 4 months before the forest stewardship plan is submitted for approval. Objectives set by government for water, fish, wildlife and biodiversity within riparian areas 8 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. Objectives set by government for wildlife and biodiversity 9 (1) The objective set by government for biodiversity at the landscape level is, without unduly reducing the supply of timber from British Columbia’s forests, to design areas on which timber harvesting is to be carried out that resemble, both spatially and temporally, the patterns of natural disturbance that occur within the landscape. (2) The objective set by government for wildlife and biodiversity at the stand level is, without unduly reducing the supply of timber from British Columbia’s forests, to retain wildlife trees. Objectives set by government for cultural heritage resources 10 The objective set by government for cultural heritage resources is to conserve, or, if necessary, protect cultural heritage resources that are (a) the focus of a traditional use by an aboriginal people that is of continuing importance to that people, and (b) not regulated under the Heritage Conservation Act. Other objectives 11 The objectives for the purpose of section 5 (1) (b) (ii) [content of forest stewardship plan] of the Act are the following: (a) an objective for an interpretive forest site, recreation site or recreation trail; (b) a wildlife habitat area objective; (c) an ungulate winter range objective; (d) a lakeshore management zone objective; (e) a water quality objective for a community watershed; (f) a fisheries sensitive watershed objective; (g) a visual quality objective. Specifying results or strategies 12 (1) A person who prepares a forest stewardship plan under section 5 (1) (b) [content of forest stewardship plan] of the Act, may consider the factors set out in the Schedule when specifying results or strategies for established objectives. (2) A person who prepares a forest stewardship plan must ensure that the results and strategies are consistent with the objectives set out in section 11 that are in effect 4 months before the date the plan is submitted to the minister for approval. (3) A person who prepares a forest stewardship plan must ensure that 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] addresses retention of trees in a riparian management zone. (4) If a land use objective conflicts with an objective described in this Division, a person who prepares a forest stewardship plan is exempt from specifying a result or strategy in relation to the objective described in this Division, to the extent that doing so would conflict with the land use objective. When result or strategy not required 13 A person who is required to prepare a forest stewardship plan may (a) comply with a requirement in Column 2, in which case the person is exempt from specifying a result or strategy for the objective set out opposite the requirement in Column 2, or (b) propose a result or strategy for the objective set out in Column 1, in which case, if the minister approves the proposal, the person is exempt from the requirement set out opposite the objective in Column 1. Column 1 Objective (section number) Column 2 Requirement (section number) 5 [objectives set by government for soils] 35 [soil disturbance limits] 5 [objectives set by government for soils] 8 [objectives set by government for water, fish, wildlife and biodiversity in riparian areas] 8 [objectives set by government for water, fish, wildlife and biodiversity in riparian areas] 8 [objectives set by government for water, fish, wildlife and biodiversity in riparian areas] 8 [objectives set by government for water, fish, wildlife and biodiversity in riparian areas] 8 [objectives set by government for water, fish, wildlife and biodiversity in riparian areas] 36 [permanent access structure limits] 47 [stream riparian classes] 48 [wetland riparian classes] 49 [lake riparian classes] 50 [restrictions in a riparian management area] 51 [restrictions in a riparian reserve zone] Column 1 Objective (section number) 8 [objectives set by government for water, fish, wildlife and biodiversity in riparian areas] 8 [objectives set by government for water, fish, wildlife and biodiversity in riparian areas] 9 (1) [objectives set by government for wildlife and biodiversity] 9 (1) [objectives set by government for wildlife and biodiversity] 9 (2) [objectives set by government for wildlife and biodiversity] 9 (2) [objectives set by government for wildlife and biodiversity] Column 2 Requirement (section number) 52 [restrictions in a riparian management zone] 53 [temperature sensitive streams] 64 [maximum cutblock size] 65 [harvesting adjacent to another cutblock] 66 [wildlife tree retention] 67 [restriction on harvesting] SCHEDULE FACTORS [sections 12, 16, 24, 25, 26] Factors relating to objective set by government for soils 1 The following factors apply to a result or strategy for the objective set out in section 5 [objectives set by government for soils] of the regulation: (a) the amount of productive forest land base that will be occupied by permanent access structures; (b) the amount of soil disturbance within the net area to be reforested, having regard to (i) the classification of soils based on their biological, physical and chemical properties, including their sensitivity to displacement, surface erosion and compaction, (ii) the kinds of disturbance that are detrimental to productivity and hydrological function, (iii) the amount of detrimental disturbance that can occur without unduly compromising productivity or hydrological function, and (iv) the extent to which rehabilitation efforts can mitigate the effects of detrimental disturbance. Factors relating to objective set by government for water, fish, wildlife and biodiversity in riparian areas 2 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. Factors relating to objectives set by government for wildlife and biodiversity 3 (1) The following factors apply to a result or strategy for the objective set out in section 9 (1) [objectives set by government for wildlife and biodiversity]: (a) the size, distribution and salient characteristics of the area being designed for harvesting; (b) the size, distribution and salient characteristics of other areas within the landscape that have been shaped by, or affected by, natural disturbance; (c) the extent to which wildlife habitat areas, ungulate winter ranges, riparian management areas, scenic areas and other areas established to manage forest resources complement efforts to resemble natural disturbance patterns in a landscape, including old growth. (2) The following factors apply to a result or strategy for the objective set out in section 9 (2): (a) the size, structure, amount, location and other characteristics of trees that (i) make the trees suitable for wildlife habitat, and (ii) have ecological attributes that contribute to stand level biodiversity; (b) the extent to which wildlife habitat areas, ungulate winter ranges, riparian management areas, old growth management areas, scenic areas and other areas established to manage forest resources (i) provide suitable wildlife habitat, and (ii) assist in the conservation of stand level biodiversity, including old growth. Factors relating to objective set by government for cultural heritage resources 4 The following factors apply to a result or strategy for the objective set out in section 10 [objectives set by government for cultural heritage resources]: (a) the relative value or importance of a particular cultural heritage resource to a traditional use by an aboriginal people; (b) the relative abundance or scarcity of a cultural heritage resource that is the focus of a traditional use by an aboriginal people; (c) the historical extent of a traditional use by an aboriginal people of a cultural heritage resource; (d) the impact on government granted timber harvesting rights of conserving or protecting a cultural heritage resource that is the focus of a traditional use by an aboriginal people; (e) options for mitigating the impact that a forest practice might have on a cultural heritage resource that is the focus of a traditional use by an aboriginal people. Range Planning and Practices Regulation Division 2 – Objectives Objectives set by government generally 5 The objectives set by government for the purposes of section 33 (1) (e) [content of range use plan for grazing], 34 (1) (e) [content of range use plan for hay cutting] and 35 (1) (d) [content of range stewardship plan] of the Act are set out in sections 6 to 11. Objectives set by government for soils 6 The objectives set by government for soils are as follows: (a) protect soil properties; (b) minimize erosion and compaction; (c) minimize undesirable disturbance to soils; (d) maintain a vigorous and diverse cover of desireable plant species with a variety of root depths sufficient to protect the soil; (e) re-establish ecologically suitable vegetation after disturbance occurs; (f) maintain ground cover, including sufficient litter and residual dry matter accumulation to protect soil; (g) minimize accelerated soil erosion; (h) minimize sealing of the soil surface. Objectives set by government for forage 7 The objectives set by government for forage and associated plant communities are as follows: (a) maintain or enhance healthy plant communities, including their vigour and cover; (b) maintain or enhance forage quality and quantity for livestock and wildlife; (c) recruit desirable plants, including through forage seeding; (d) maintain a variety of age classes and structural characteristics within plant communities; (e) maintain or improve litter; (f) enable a range agreement holder, in the exercise of its grazing or haycutting rights granted by the government, to be vigorous, efficient and world competitive. Objectives set by government for water 8 The objectives set by government for water 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. Objectives set by government for fish 9 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. Objectives set by government for wildlife 10 The objectives set by government for wildlife are as follows: (a) maintain or promote sustainable, healthy, viable, productive and diverse wildlife populations and their associated habitat; (b) minimize disturbance during critical periods to wildlife or to wildlife habitats; (c) manage the risk of interaction between predators and livestock. Objectives set by government for biodiversity 11 The objectives set by government for biodiversity are as follows: (a) conserve biodiversity; (b) maintain native plant community dynamics; (c) encourage the development of late seral plant communities or other desired plant communities; (d) maintain plant communities consistent with natural successional stages on areas where forage seeding is carried out within transitory range areas. Other objectives 12 (1) For the purposes of section 33 (1) (e) [content of range use plan for grazing], 34 (1) (e) [content of range use plan for hay cutting] and 35 (1) (d) [content of range stewardship plan] of the Act, wildlife habitat area objectives and ungulate winter range objectives apply. (2) A designated official may exempt a range agreement holder from a requirement associated with an objective under subsection (1) if (a) the holder proposes an alternative to the objective, and (b) the designated official is satisfied that the proposed alternative will achieve the intent of the objective. Woodlot Planning and Practices Regulation Established objectives 9 (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: (a) maintaining or enhancing an economically valuable supply of commercial timber from the woodlot licence area; (b) conserving the productivity and the hydrologic function of soils; (c) conserving within riparian areas, at the landscape level, water quality, fish habitat, wildlife habitat and biodiversity; (d) conserving and protecting cultural heritage resources that are (i) the focus of a traditional use by an aboriginal people that is of continuing importance to that people, and (ii) not regulated under the Heritage Conservation Act; (e) subject to section 52 (1) [wildlife tree retention], any land use objective. (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; (b) subject to subsection (3), conserving sufficient wildlife habitat in terms of amount of area and distribution of areas, and attributes of those areas for (i) the winter survival of specified ungulate species, (ii) the survival of a species at risk, and (iii) the survival of a species of regionally important wildlife. (3) A woodlot licence holder required to prepare a woodlot licence plan must act in a manner consistent with the objective stated under subsection (2) (b) only if the Minister of Water, Land and Air Protection, or a designated official notifies the holder of the applicable (a) species referred to in subsection (2) (b), and (b) indicators of the amount, distribution and attributes of necessary wildlife habitat described in subsection (2) (b). (4) On or after August 1, 2004, a notice described in subsection (3) must be given at least 4 months before the woodlot licence plan is submitted for approval. Results or strategies not required 10 For the purpose of section 13 (1) (b) [content of woodlot licence plan] of the Act, a woodlot licence holder is not required to specify a result or strategy in relation to the following: (a) any objective listed in section 9 (1) or (2) [established objectives], except that described in section 9 (1) (d); (b) an objective for an interpretative forest site, recreation site or recreation trail; (c) a wildlife habitat area objective; (d) an ungulate winter range objective; (e) a lakeshore management zone objective; (f) a visual quality objective.