Third Party: Forest Practices Board
Intervenor: Council of Forest Industries
APPEAL NO. 2008-FOR-001(b) and 2008-FOR-002(b)

This appeal concerned whether the road maintenance obligations in section 79 of the FPPR require a licensee to replace an old, deteriorated minor culvert with an expensive permanent bridge. The Board joined the appeal to argue that such an expectation goes beyond the normal meaning of regular maintenance. The parties eventually agreed to a consent order allowing the appeal and agreeing that Canfor’s failure to build a new bridge to replace a deteriorated culvert was a contravention of section 79.

Appeal allowed.

Consent Order: http://www.fac.gov.bc.ca/forestPracCode/2008for001_002b.pdf

Third Party: Forest Practices Board
APPEAL NO. 2008-WFA-001 & 002

The appeal issue was how to determine the value of Crown timber destroyed by a wildfire. The Board initially joined to address issues relating to compensation for loss of non-timber resources, but later withdrew given lack of evidence of high non-timber values in the burned area. The FAC’s decision addresses a number of issues concerning stumpage rates applicable to timber damaged due to wildfire.

One appeal allowed in part, and the other allowed by consent.

FAC Decision: http://www.fac.gov.bc.ca/wildfireAct/2008wfa001a_002a.pdf

Third Party: Forest Practices Board
APPEAL NO. 2008-WFA-004

This appeal raised the issue of whether the appellant had an "adequate fire suppression system" for the circumstances.

Appeal withdrawn following a settlement agreement between the appellant and the Ministry.

Special Investigation – SIR/24
December 2008

RECOMMENDATIONS

Exemptions
1. The Board recommends that licensees consider requesting exemptions from fire hazard assessment requirements where it can be demonstrated that circumstances, conditions and practices make the request appropriate.

Fire Hazard Assessment Process
2. The Board recommends that a simpler fire hazard and risk assessment process be developed to accurately assess fire hazard and risk under a wide range of field conditions. This process should include a clear definition of what constitutes a “fire hazard.”

Practices
3. The Board recommends that best management practices to abate fire hazard be developed and shared with licensees and professionals. 

Response to Recommendations

Complaint Investigation – IRC/145
September 2008

RECOMMENDATION

The Ministry of Forests and Range should consider removing the December 2006 policy on salvage permits for woodlots, or amending it so that it is consistent with the administrative practices within forest districts. Whichever process is chosen for the administration of blanket salvage permits, it should provide woodlot licensees with as much flexibility as is reasonable to adequately address forest health issues as they arise in the long term.

Response to Recommendations

Complaint Investigation – IRC/144
July 2008

RECOMMENDATION

With appropriate consultation and expert advice, the Ministry of Forests and Range and the Ministry of Environment direct reductions of forage use in the East Kootenay to levels sufficient to achieve a positive and continuing trend in grassland ecosystem condition.

Response to Recommendation

Complaint Investigation – IRC/143
July 2008

RECOMMENDATIONS

1. The Integrated Land Management Bureau should complete old growth management area (OGMA) spatial establishment in the Rennell Sound Landscape Unit, addressing goshawk foraging habitat to the degree possible within the OGMA selection criteria.
2. Government should consider the unique situation of goshawks and foraging habitat on Haida Gwaii and advise the Board of its plans for managing foraging habitat there.
3. The goshawk situation on Haida Gwaii appears to be an example of where an adjustment to the one percent limit on timber supply impacts is warranted. Ecosystem-based management objectives from the Land Use Agreement may address foraging habitat, but implementation is 18 months away. In the interim, managers may need flexibility to provide protection within a specific goshawk territory. Government should consider increasing the Identified Wildlife Management Strategy budget, specifically for goshawks on Haida Gwaii, to provide this flexibility when it is needed.

Response to Recommendations

Complaint Investigation – IRC/142
July 2008

RECOMMENDATION

The Ministry of Forest and Range’s compliance and enforcement staff contact the complainants to advise them of the outcome of any and all investigations into reported complaints and concerns.

REQUEST

The Board also requests that, as a courtesy, the Ministry of Forests and Range forward their final report regarding the investigation into Edgar’s Road to the Board for review.

Closing Letter

Complaint Investigation – IRC/137
May 2008

RECOMMENDATIONS

Interior Rainforest and Rare Lichens

1. The Ministry of Forests and Range, Ministry of Environment and the Integrated Land Management Bureau should formulate an overall stewardship strategy for the interior rainforest to ensure that biodiversity values are adequately managed and conserved.
2. The Minister of Forests and Range should examine the UNBC research and the ILMB Legacy Project reports to identify vulnerable interior rainforest stands in the Robson Valley and Prince George TSAs and the risk to such values from harvesting. Once areas are identified as vulnerable and at risk, the Minister should designate those areas under Part 13 of the Forest Act and suspend, vary or refuse to issue cutting permits and other timber harvesting plans for up to ten years.
3. The Regional Executive Director of ILMB should provide the Board with a copy of the decision on whether to establish spatial OGMAs, upon the completion of the Legacy Project. The document should incorporate a rationale for the decision, including the factors considered and how values and risks were identified and addressed.

Driscoll Ridge and Ancient Forest Hiking Trails

1. The Minister of Tourism, Sport and the Arts should establish the Driscoll Ridge Trail and the Ancient Forest Trail as recreation trails under section 56(1) of the Forest and Range Practices Act.
2. The Minister of Tourism, Sport and the Arts should consider setting legal objectives for each of the trails as empowered by section 56(3) of the Forest and Range Practices Act.
3. The Minister of Tourism, Sport and the Arts should consider designating the Ancient Forest hiking trail as an interpretative forest site as empowered by section 56(1) of the Forest and Range Practices Act.

Response to Recommendations

Special Investigation – SIR/23
May 2008

RECOMMENDATIONS

The Ministry of Forests and Range should:

1. Strengthen policy guidance for C&E inspection coverage; and
2. Ensure CIMS provides information in a form more useful to local C&E management to achieve good inspection coverage and consistency in identifying and addressing non‐compliances.