STILLWATER PILOT PROJECT REGULATION

B.C. Reg. 96/01, Deposited April 5, 2001
O.C. 0427/01, effective April 5, 2001
consolidated to August 5, 2003

PART 1 - INTERPRETATION

PART 2 - BALANCING COMPETING VALUES AND INTERESTS

PART 3 - FOREST STEWARDSHIP PLAN, CUTTING PERMIT, OPERATIONAL INFORMATION MAP AND SITE PLAN

PART 4 - FOREST PRACTICES IN THE STILLWATER AREA

PART 5 - PUBLIC PARTICIPATION IN THE STILLWATER PILOT PROJECT

PART 6 - APPROVAL AND TERM OF FOREST STEWARDSHIP PLAN

PART 7 - FOREST STEWARDSHIP PLAN CONTENT

PART 8 - REPORTS AND RECORDS

PART 9 - MONITORING AND EVALUATION

PART 10 - COMPLIANCE AND ENFORCEMENT

PART 11 - CANCELLATION OF STILLWATER PILOT PROJECT

SCHEDULE A

SCHEDULE B

PART 4 - FOREST PRACTICES IN THE STILLWATER AREA

Restrictions on forest practices

28.(1) The licensee must notify the district manager before harvesting in an area for which a cutting permit was issued under Division 2 of Part 3 if more than 3 years have passed since the cutting permit was issued.

(2) The licensee must not harvest in an area that is within a community watershed if the result of the terrain stability assessment indicates that the area is subject to a high likelihood of landslides.

(3) The licensee must not clearcut an area that is within a community watershed if the result of the terrain stability field assessment indicates that the area is subject to a moderate likelihood of landslides with a high risk of landslide debris entering directly into steams, unless the terrain stability field assessment documents the assessor's opinion that, based on the assessment, the assessor has reasonable grounds to believe that clearcutting the area will not significantly increase the risk of a landslide.

(4) The licensee must not clearcut an area that is outside a community watershed if the result of the terrain stability field assessment indicates that the area is subject to a high likelihood of landslides, unless the terrain stability field assessment documents the assessor's opinion that, based on the assessment, the assessor has reasonable grounds to believe that clearcutting the area will not significantly increase the risk of a landslide and that there is a low likelihood of landslide debris

(a) entering into a fish stream or a perennial stream that is a direct tributary to a fish stream, or

(b) causing damage to private property or public utilities, including but not limited to roads, bridges, transmission lines, pipelines, recreation sites or any other similar structures.

(5) The licensee must not construct an excavated or bladed trail on an area that is outside a community watershed if the result of the terrain stability field assessment indicates that the area is subject to a high likelihood of landslides.

(6) The licensee must not construct an excavated or bladed trail on an area that is inside or outside a community watershed if the result of the terrain stability field assessment indicates that the area is subject to a moderate likelihood of landslides, unless the assessment documents the assessor's opinion that, based on the assessment, the assessor has reasonable grounds to believe that

(a) the excavated or bladed trail can be located, constructed and rehabilitated in a manner that will not significantly increase the risk of landslides, and

(b) there is a low likelihood of landslide debris

(i) entering into a perennial stream in a community watershed, a fish stream or a perennial stream that is a direct tributary to a fish stream, or

(ii) causing damage to private property or public utilities, including but not limited to roads, bridges, transmission lines, pipelines, recreation sites, or any other similar structures.

(7) The licensee must not yard or skid timber through or over a stream unless the yarding or skidding is authorized by a forest stewardship plan or by the district manager or designated environment official, in writing, with or without conditions.

Establishment of a free growing stand

29.For areas harvested under a forest stewardship plan, the licensee must establish, in accordance with this regulation and the forest stewardship plan, a free growing stand on the area, except for the portion of the area that

(a) is occupied by permanent access structures, or

(b) in its natural state is not capable of supporting a stand of trees that meets the stocking requirements specified in the forest stewardship plan.

Authority to carry out stand management activities

30.For the purposes of section 96 (1) (g) (iii) of the Act, the licensee, without obtaining a cutting permit, is authorized to cut, damage or destroy Crown timber in the course of carrying out stand management activities in accordance with the strategies and measurable targets in a forest stewardship plan.

Forest practices must be consistent with this regulation and related planning documents

31.Any forest practices carried out in the Stillwater area under a forest stewardship plan must be carried out in a manner consistent with the forest stewardship plan and any field variance referred to in section 32.

Field variances

32.(1) In this section, "field variance" means a variance from a provision of a forest stewardship plan.

(2) If the licensee wishes to change the strategies and targets in a forest stewardship plan, the licensee must submit an application for a field variance to the district manager or designated environment official.

(3) An application for a field variance must be signed and sealed by a professional forester.

(4) The district manager or the designated environment official may approve a field variance to a forest stewardship plan if the district manager or the designated environment official determines that the field variance

(a) otherwise meets the requirements of the Act and the regulations,

(b) will adequately manage and conserve the forest resources for the area to which it applies, and

(c) does not materially change the forest stewardship plan.

Road use

33.(1) For the purposes of this section, sections 55 and 56 of the Act apply to the licensee as if it were the holder of a road permit.

(2) A person other than the licensee who has a right to harvest timber in the Stillwater area may apply to the district manager under section 115 of the Forest Act for a road use permit for a road constructed or used by the licensee under a forest stewardship plan.

(3) Subject to section 81 of the Forest Act the district manager must grant a road use permit to an applicant under subsection (2) if the district manager is satisfied that the use of the road by that person will

(a) not adversely affect authorized users of the road, or

(b) compromise the forest stewardship plan.

(4) A person other than a person referred to in subsection (2) who wishes to use a road constructed or used by the licensee under a forest stewardship plan for an industrial purpose, may apply to the district manager under section 117 of the Forest Act for a road use permit.

(5) The district manager may grant to an applicant under subsection (4) a road use permit if the district manager is satisfied that the use of the road by that person will not

(a) cause unnecessary disturbance to the natural environment,

(b) adversely affect authorized users of the road, or

(c) compromise a forest stewardship plan.

(6) A road constructed, modified or maintained by the licensee in the Stillwater area may be used for purposes other than those listed in section 54 (1) and (2) of the Act by any person without charge, in accordance with the conditions set out in section 55 of the Act.

(7) The licensee must not require payment from a person who uses the road except in accordance with the conditions set out in section 56 of the Act.

Road maintenance

34.(1) Subject to subsection (3), the licensee must maintain all roads constructed or used under the authority of a forest stewardship plan until

(a) the road is temporarily or permanently deactivated,

(b) a road permit or special use permit for the road is issued to another person, or

(c) the road is declared a forest service road under section 115 (5) of the Forest Act.

(2) Any maintenance carried out under subsection (1) must be done in accordance with the requirements of

(a) a forest stewardship plan, and

(b) the Act and regulations.

(3) The district manager may require a person other than the licensee, who holds a permit that authorizes use of a road in the Stillwater area, to assume all or part of the responsibility for maintaining the road.