Ministry of Forests, Lands and Natural Resource Operations


FORT ST. JOHN PILOT PROJECT REGULATION
– Continued –

B.C. Reg. 278/2001
(last amendment: August 5, 2003)



Part 1 – Interpretation and Application

Part 2 – Participants

Part 3 – Basic Planning and Performance Requirements

Division 1 – Pre-existing Plans, Prescriptions and Permits

Division 2 – Forest Development Plans

Division 3 – Site Level Planning

Division 4 – Authorizations and Variances

Division 5 – Field Performance Requirements

Part 4 – Sustainable Forest Management Plans

Division 1 – Content

Division 2 – Approval Process

Division 3 – Effect of Approval of Sustainable Forest Management Plan

Division 4 – Amendments

Division 5 – Forest Operations Schedules

Part 5 – Public Accountability

Division 1 – Public Advisory Group

Division 2 – Pilot Project Monitoring and Evaluation

Division 3 – Enforcement

Division 4 – Public Access to Information

Part 6 – General

Schedule A – Balancing Competing Values and Interests

Part A1 – Management Zones and Their Objectives

Part A2 – Fort St. John Pilot Project Management Zone Map

Schedule B – Forest Development Plans

Part B1 – Preparation

Part B2 – Review and Comment

Part B3 – Approval

Schedule C – Preparing Forest Operations Schedules

Schedule D – Riparian Management

Schedule E – Green up

Schedule F – Reforestation

Schedule G – Maximum Administrative Penalties


  Schedule B – Forest Development Plans
 
Part B1 – Preparation
 
  Forest development plans: content
 
62 (1) A forest development plan must be consistent with any higher level plan that is in effect 4 months before the date the forest development plan is submitted for the district manager's approval, unless the higher level plan specifies otherwise.
 
    (2)
A forest development plan must be signed and sealed by a professional forester.
 
    (3)
A forest development plan must be signed by the participant.
 
 
  Site-specific variation under plans
 
63   A participant who prepares a forest development plan must provide detail for site-specific areas in the area under the plan if characteristics of that area result in
      (a) different operations being proposed,
      (b) similar operations being subject to different constraints, or
      (c) different operations being subject to different constraints.
 
 
  Area under forest development plans
 
64 (1) A participant must ensure that a forest development plan addresses an area sufficient in size to include all areas affected by the timber harvesting and road construction or modification operations proposed under the plan.
 
    (2)
If the district manager determines that the area under a proposed forest development plan does not comply with subsection (1), the district manager, in a notice given to the participant, may specify the area that the plan must address.
 
    (3)
A participant who receives a notice under subsection (2) may request a review and appeal of the district manager's determination, and Division 4 of Part 6 of the Act applies to that review and appeal.
 
 
  Maximum cutblock size
 
65 (1) The maximum size of a cutblock must not exceed 60 ha.
 
    (2)
The maximum size for a cutblock specified under subsection (1) does not apply to a cutblock located in an area under a higher level plan if
      (a) the higher level plan specifies that cutblocks may be larger, or
      (b) the higher level plan specifies conditions precedent to approval of larger cutblock sizes and the district manager is satisfied that the conditions are met.
 
    (3)
Despite subsection (1), the district manager may
      (a) refuse to approve a forest development plan that includes a cutblock that complies with that subsection if the district manager is of the opinion that a cutblock smaller than that specified in subsection (1) is required
        (i) for hydrological reasons,
        (ii) to manage wildlife values,
        (iii) to manage recreation or scenic values, or
        (iv) for other similar reasons, or
      (b) approve a forest development plan that includes a cutblock that is larger than that specified in subsection (1) if one or more of the following apply:
        (i) the harvesting is being carried out to recover timber that was damaged by fire, insects, wind or other similar events and, if possible, the cutblock incorporates structural characteristics of natural disturbance;
        (ii) the silvicultural system proposed for the area
          (A) is other than clearcut or seed tree, and
          (B) retains 40% or more of the pre-harvest basal area;
        (iii) the district manager is of the opinion that the larger cutblock is designed to be consistent with the structural characteristics and the temporal and spatial distribution of natural openings.
 
 
  Forest health assessment required before review of forest development plans
 
66   Before making a forest development plan available for review under section 73, a participant must
      (a) record and evaluate the occurrence of detected forest health factors currently causing damage or which may potentially cause damage in the area under the plan, and
      (b) conduct a forest health assessment, if required by the district manager, to determine the nature and extent of the forest health factors.
 
 
  Map and information requirements for all forest development plans
 
67 (1) A participant must ensure that a forest development plan includes the following information for the area under the plan:
      (a) forest cover;
      (b) the topography of the area, and the location of those streams, wetlands and lakes that are shown on forest cover maps or fish and fish habitat inventory maps or terrain resource inventory maps;
      (c) for terrain stability
        (i) one of the following:
          (A) areas mapped on terrain stability hazard maps as having a moderate or high likelihood of landslides;
          (B) if no terrain stability hazard mapping has been done, areas identified on reconnaissance terrain stability maps as having unstable or potentially unstable terrain;
          (C) if no terrain stability hazard mapping or reconnaissance terrain stability mapping has been carried out, areas with a slope gradient greater than 60%, and
        (ii) any areas identified by the district manager as having unstable or potentially unstable terrain;
      (d) if required by the district manager, the operability line;
      (e) the following known items:
        (i) protected areas;
        (ii) designated areas under Part 13 of the Forest Act;
        (iii) wilderness areas;
        (iv) sensitive areas established in accordance with the Act;
        (v) subject to subsection (3), wildlife habitat areas;
        (vi) forest ecosystem networks;
        (vii) old growth management areas;
        (viii) scenic areas;
        (ix) ungulate winter ranges;
        (x) community water supply intakes and related water supply infrastructures;
        (xi) fish streams;
        (xii) riparian class of streams, wetlands and lakes;
      (f) the following public utilities on Crown land:
        (i) transmission lines;
        (ii) gas and oil pipelines;
        (iii) railways;
      (g) the approximate location of
        (i) construction of a road, including construction of a bridge or major culvert that is part of the road, if the road is proposed to be authorized under this regulation,
        (ii) proposed replacement or addition of a bridge or major culvert, if the bridge or major culvert is part of a road authorized under this regulation,
        (iii) construction of a bridge or major culvert proposed to be authorized under this regulation or agreement under the Forest Act, and
        (iv) replacement or addition of a bridge or major culvert authorized under this regulation or agreement under the Forest Act,
        and the year the work is proposed to take place if the timing is critical to the management of non-timber forest resources;
      (h) the location of each road that has been included on the most recently approved forest development plan;
      (i) the forest operations for which road construction or modification is required, for operations other than harvesting;
      (j) for any proposed bridges, whether the bridge will be a temporary or permanent bridge;
      (k) with respect to an existing road that both provides access to the area and is required by the Act to be maintained by the participant, the following information:
        (i) its approximate location;
        (ii) whether it is intended to be for seasonal use only;
        (iii) a description or map of how it links up with a public road system, processing plant or log dump;
      (l) a list or map notation indicating the roads that must be maintained by the participant;
      (m) the following road deactivation operations that have been or are to be conducted by the participant on the area under the plan:
        (i) roads that were permanently deactivated during the previous year;
        (ii) roads that are currently deactivated to a temporary or semi-permanent level;
        (iii) roads that are to be deactivated and the year the work is proposed to take place if the timing is critical to the management of non-timber forest resources;
        (iv) the level of deactivation of roads referred to in subparagraph (iii);
        (v) the types of vehicle usage, if any, that are proposed to be accommodated on the roads referred to in subparagraph (iii) after deactivation;
      (n) the known location of roads that are proposed by other persons;
      (o) the known location of temporary or permanent barriers to vehicle access;
      (p) the approximate location of cutblocks proposed to achieve Category A status if the proposed forest development plan is approved;
      (q) for each Category A cutblock referred to in paragraph (p), specify for the purposes of section 35 and Schedule F if the cutblock is to be reforested as a coniferous area, a deciduous area or a mixedwood area;
      (r) the location of a cutblock that has been included as an approved Category A cutblock on the most recently approved forest development plan, and whether an authorization for the cutblock has been given under section 23;
      (s) the location of cutblocks that have been harvested, but are not yet greened-up and that are adjacent to cutblocks referred to in paragraph (p) or (r);
      (t) if significant risks to forest resources are recorded or disclosed by the forest health assessment, measures to reduce those risks that do not, themselves, cause new or significantly increased risks;
      (u) any applicable performance standards that are to apply for the purposes of Part 3 Division 5 and the associated Schedules;
      (v) the general objectives for riparian management zones, including the range of basal area retention by riparian class;
      (w) the known objectives for known ungulate winter ranges.
 
    (2)
Despite subsection (1), a participant is not required to include the information specified in that subsection for an area in a forest development plan in which only minor salvage operations will be carried out, unless the district manager, by written notice, requires some or all of that information, in which case the participant must comply with the requirements in that notice.
 
    (3)
The location of any of the wildlife habitat areas referred to in subsection (1)  (e)  (v) must not be shown if the district manager or designated environmental official makes it known that the location of the wildlife habitat area is not to be included, in which case only the name of the identified wildlife protected by the wildlife habitat area must be included.
 
 
  Category I cutblocks and roads for information purposes only
 
68 (1) A cutblock that does not meet the requirements for Category A, under section 69, may be shown on a forest development plan only as a Category I cutblock, and a Category I cutblock is for information purposes only, and is not part of the forest development plan.
 
    (2)
A road may be shown as a Category I road on a forest development plan for information purposes only, and a Category I road is not part of the forest development plan.
 
 
  Category A cutblocks
 
69 (1) A cutblock may be shown as a proposed Category A cutblock on a proposed forest development plan only if the proposed plan meets the following requirements:
      (a) the plan includes, in the form of a map, for areas that are in or adjacent to the cutblock, the location of the following items, if the items may be impacted directly or indirectly by the cutblock:
        (i) known resource features other than wildlife habitat features, domestic water supply intakes and archaeological sites;
        (ii) known private property;
        (iii) known licensed domestic water supply intakes and related water supply infrastructure;
      (b) the plan describes for the cutblock the following:
        (i) the year of harvest, if timing is critical to the management of non-timber forest resources;
        (ii) the location of any area of water that will be used as a helicopter or balloon log drop area;
        (iii) whether or not the cutblock will be clearcut;
        (iv) measures, if any, proposed to achieve higher level plan objectives;
        (v) measures, if any, for the management of known ungulate winter ranges;
        (vi) whether the cutblock will be harvested by cable, aerial or ground based harvesting methods or a combination of those methods;
        (vii) the riparian class of streams, wetlands and lakes.
 
    (2)
A cutblock may be shown as an approved Category A cutblock on a proposed forest development plan if
      (a) the cutblock was included as an approved Category A cutblock on the most recently approved forest development plan, and
      (b) the information required under subsection (1) for the cutblock in that most recently approved plan is carried forward, without being updated, in the proposed plan.
 
 

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