VICTORIA -A review panel has reversed a Ministry of Forests district manager’s approval of a cutblock in North Jervis Inlet that contains valuable marbled murrelet habitat after an appeal of the decision by the Forest Practices Board.
Following a request from the Sunshine Coast Conservation Association in August, the board asked the review panel to overturn the approval of Interfor’s 2001-2005 forest development plan because it did not adequately manage and conserve marbled murrelet nesting habitat. The board is concerned that one particular cutblock, Block N1, is in an area where marbled murrelet habitat is severely depleted.
On Thursday, the review panel of three government officials supported the board’s appeal and overturned approval of Block N1 in the forest development plan. The review panel concluded that a flaw in preparing the forest development plan prevented them from being sure the marbled murrelet would be adequately managed and conserved in this cutblock, and part of the approval was overturned. The panel interpreted the code to mean forest development plans must provide enough information to show that forest resources that are particularly sensitive to logging—such as marbled murrelet—can be adequately managed and conserved regardless of whether they are specifically referred to in regulations.
“This case illustrates the continuing improvements in the Forest Practices Code,” said board chair Bill Cafferata. “The review panel found that the district manager did not apply the code correctly, and the review and appeal function within the code allowed us to seek a solution that would protect the habitat of a threatened species.”
The board can request that decisions made by government officials be examined by a review panel. The board acts as an advocate for the public in such a case, and puts forward a position on the matter. The board may also request a review of a decision by a forest district manager to approve a forest development plan if the board thinks the plan does not comply with the code. Members of the public can ask the board to request a review of a forest development plan approval.
The Forest Practices Board is an independent public watchdog, established in 1995, that publishes reports about compliance with the Forest Practices Code and the achievement of its intent.
The board's main roles under the Forest Practices Code are:
Bill Cafferata,Chair
Forest Practices Board
Phone: (250) 387-7964
1-800-994-5899
Jacqueline Waldorf
Communications
Forest Practices Board
Phone: 250 387-7964
1 800 994-5899
VICTORIA -A proposed logging road along the Goat River should not have been approved by the Ministry of Forests without a rationale and before environmental concerns were addressed, the Forest Practices Board says in an investigation report released today.
The board’s report responds to a complaint filed by the Fraser Headwaters Alliance in July 2000, claiming that a road approved in plans prepared by Zeidler Forest Industries was improperly located on the bank of the Goat River, and that the plans do not protect the Goat River hiking trail. The licence, now held by McBride Forest Industries Ltd., is to harvest timber in part of the upper Goat River watershed near McBride. The approved road, which has not yet been built, would allow the company to access the watershed.
Roads can be approved in riparian management areas—near streams and rivers—only where specific conditions are met. The board found that the Robson Valley forest district manager was wrong to approve a route on the bank of the Goat River without ensuring those conditions were met. The district manager approved two possible route locations, intending to make a final decision at a later date. Since environmental concerns about both routes had not been resolved, the board decided the district manager should not have been satisfied that either route shown would satisfy the Forest Practices Code’s intent for protecting the environment.
The board felt the district manager was right to use the area’s land and resource management plan for direction in deciding whether proposed development fit into overall goals for land use in the area. The board interpreted the land and resource management plan to say the historic value of the trail should be carefully considered, but that development can occur over the trail under certain conditions. The district manager correctly concluded that the proposed development was consistent with the land and resource management plan. However, the district manager should not have approved a subsequent plan for a specific cutblock without knowing the exact location of the trail.
McBride Forest Industries and the Ministry of Forests have continued to study the potential impact of the lower route on the stream and fish. The board is encouraged that those recent assessments appear to have addressed the Department of Fisheries and Oceans’ previous objections to the route along the river. The board is recommending that the district manager, after considering these studies, provide a rationale to the board and the public for the final choice of the road location.
The Forest Practices Board is an independent public watchdog, established in 1995, that publishes reports about compliance with the Forest Practices Code and the achievement of its intent.
The board's main roles under the Forest Practices Code are:
Bill Cafferata,Chair
Forest Practices Board
Phone: (250) 387-7964
1-800-994-5899
Jacqueline Waldorf
Communications
Forest Practices Board
Phone: 250 387-7964
1 800 994-5899
VICTORIA - The trend towards better forest practices continues, as seen in four seperate Audit reports released by the Forest Practices board today.
Operations in all four forest licences met the requirements of the Forest Practices Code in all significant respects. They are Tembec Industries Inc.’s forest licence in the Kootenay Lake forest district, the Cowichan Lake Community Forest Co-operative’s forest licence in the South Island forest district, Qwa’eet Forest Products Ltd.’s forest licence in the Merritt forest district and RFP Timber Ltd.’s forest licence in the Chilcotin forest district.
“These audits, all conducted this year, show good results and support the board’s findings that forest practices in the province continue to improve,” said board chair Bill Cafferata. “Any instances of non-compliance were few in number and minor in nature.”
Not all of the audit areas had higher level land-use plans in place to guide forest operations. Those plans that were in place were not always clear enough to direct operational planning and practices adequately. As a result, these audits were unable to assess whether the forest development plans were consistent with higher level plans, or where there is no higher level plan, whether all forest resources were adequately protected.
“Having these higher level plans to guide forest development plans is essential so we can be sure forest practices are carried out in a way that achieves the public’s expectation for sound management of our forested lands,” said Cafferata.
The Forest Practices Board carries out periodic independent audits to determine if government and forest companies are complying with the Forest Practices Code. The forest licences were chosen randomly and not on the basis of location or level of performance. All audits looked at operational planning, harvesting, roads, silviculture and fire protection activities over a period of one year.
The Forest Practices Board is an independent public watchdog, established in 1995, that publishes reports about compliance with the Forest Practices Code and the achievement of its intent.
The board's main roles under the Forest Practices Code are:
Bill Cafferata
Chair
Forest Practices Board
Phone: (250) 387-7964
1-800-994-5899
Jacqueline Waldorf
Communications
Forest Practices Board
Phone: 250 387-7964
1 800 994-5899
VICTORIA -The Forest Practices Board has released a report on its test audit of government’s enforcement of the Forest Practices Code within an entire forest district.
The Vernon forest district was chosen at random for the audit, which looked at whether the Ministry of Forests and Ministry of Water, Land and Air Protection enforced the code appropriately and adequately. The audit examined enforcement for all major forest licensees, small business forest enterprise program operations, woodlot operations and range tenures on Crown lands in the district between Sept. 1, 1999, and Sept. 30, 2000.
The audit also examined how government has responded to recommendations the board made in its Audit of the Government of British Columbia’s Framework for Enforcement of the Forest Practices Code, released in December 1999.
The Forest Practices Code requires the board to audit the appropriateness of government's enforcement of the code and to report its findings to the public.
The board's main roles under the Forest Practices Code are:
Bill Cafferata,Chair
Forest Practices Board
Phone: (250) 387-7964
1-800-994-5899
Jacqueline Waldorf
Communications
Forest Practices Board
Phone: 250 387-7964
1 800 994-5899
VICTORIA -Agencies that enforce the Forest Practices Code need better communications and a common understanding of how stream crossings should be built for seismic lines to protect fish habitat and water quality, the Forest Practices Board says in a new report.
The report wraps up a special investigation into whether an exploration company complied with the code when it built stream crossings for seismic lines near Fort Nelson in the winter of 1999-2000, and whether government’s enforcement of the code for this activity was appropriate. The board found that the company did not classify streams correctly or follow the approved logging plan. The board found that government enforcement of the code for these activities was not appropriate.
The Ministry of Forests, the Ministry of Environment, Lands and Parks and the Oil and Gas Commission all had some code compliance or enforcement responsibility for seismic line activity. The board found they did not communicate with each other effectively, and there were differing opinions between and within these agencies about how much debris – if any – is acceptable in the snow used to fill stream crossings in winter. The code and code guidebooks contain no standards and advice to determine how much slash and debris can be used without damaging fish habitat or water quality.
“Licensees need clear guidance on acceptable snowfill crossing practices, and code agencies need protocol outlining how they will share code enforcement responsibilities,” said board chair Bill Cafferata. “Without this, licensees may not understand what is expected of them and agencies may not be able to detect problems and ensure sound forest practices.”
The board recommends that the Oil and Gas Commission and the two ministries meet before winter seismic operations begin to address the gaps in communication and enforcement responsibility. The board also recommends government complete the draft guidebook on stream crossings to provide guidance on the issue, and that the Oil and Gas Commission complete its ongoing review of its compliance and enforcement program to clarify roles and responsibilities under the code.
The Forest Practices Board is an independent public watchdog, established in 1995, that publishes reports about compliance with the Forest Practices Code and the achievement of its intent.
The board's main roles under the Forest Practices Code are:
Bill Cafferata
Chair
Forest Practices Board
Phone: (250) 387-7964
1-800-994-5899
Jacqueline Waldorf
Communications
Forest Practices Board
Phone: 250 387-7964
1 800 994-5899
VICTORIA -The Supreme Court of Canada has denied Canfor Corporation the right to appeal a decision made by the B.C. Court of Appeal regarding the Forest Practices Board’s jurisdiction.
The court’s ruling, handed down today, follows an unsuccessful appeal launched by Northwood Pulp and Timber Ltd. (now Canfor Corporation) in November 1999 after the B.C. Supreme Court confirmed the board’s right to comment on forest practices that may comply with the law, but may not be good for the environment. The B.C. Supreme Court found for the board in February 2001. In that decision, Justice Donald Brenner said it is essential that the Board's powers not be restricted to simply reporting on compliance.
Canfor’s court challenges sought to have a board audit report changed to remove references to forest practices that were in compliance with the code. Canfor argued that the board was outside its jurisdiction in criticizing those practices. The board argued that it must be able to comment about forest practices that comply with the code but are not considered sound – and make recommendations for change.
At issue in the board audit was excessive compaction and disturbance of soil on 10 logging sites. While the soil disturbance was within legal limits, the board was concerned that it damaged productivity of the site and could impair new growth. In addition to mentioning this practice in its report, the board has recommended that government change the code to prevent this situation from being repeated.
Since the audit, Canfor has responded positively to the board’s recommendations and is monitoring and evaluating effects on soil productivity on its logging sites. Government has also agreed to provide guidance on soil disturbance for Ministry of Forests district managers to prevent similar problems.
The Forest Practices Board is an independent public watchdog, established in 1995, that publishes reports about compliance with the Forest Practices Code and the achievement of its intent.
The board's main roles under the Forest Practices Code are:
Bill Cafferata,Chair
Forest Practices Board
Phone: (250) 387-7964
1-800-994-5899
Jacqueline Waldorf
Communications
Forest Practices Board
Phone: 250 387-7964
1 800 994-5899
VICTORIA - A Forest Practices Board special investigation has found that the approval of a logging road by the Ministry of Forests did not adequately consider risks to a vulnerable caribou herd.
In November 1998, the Prince George forest district manager approved a forest development plan amendment that allowed an alternative route into a cutblock near Tsus Creek, about 75 kilometres east of Prince George. The route cut through important caribou habitat.
Environment Ministry staff with expertise in caribou management told the Forests Ministry the amendment would pose an unacceptable risk to the long-term viability of the herd. They were concerned that the road would give wolves greater access to the herd and would also increase snowmobile traffic, which can disturb caribou. The amendment proposed the road in important caribou habitat, an area where the draft Prince George land and resource management plan stated there would be almost no harvesting. The district manager knew of these concerns when he approved the route.
In February 1999, the board decided it was in the public interest to investigate the circumstances associated with the approval of the amendment.
"The board recognizes how difficult this decision was for the district manager," said board chairman Bill Cafferata. "A complex set of risks to soil, fish, recreation and wildlife had to be balanced. However, we felt too little weight was given to the concerns expressed about caribou by the agency with the most expertise in caribou management."
In its recommendations, the board asked that the Prince George land and resource management plan be made into law so forest operators in the region would have to follow its advice for managing caribou. The board has also asked for changes to the Forest Practices Code to allow district managers to revisit cutblock and road approvals if information was missing or incorrect at the time of the initial decision.
The investigation involved interviews with the licensee and government staff. Two board members and board staff also examined the area by helicopter to gain a better understanding of the issues.
The Forest Practices Board is an independent public watchdog, established in 1995, that publishes reports about compliance with the Forest Practices Code and the achievement of its intent.
The board's main roles under the Forest Practices Code are:
Bill Cafferata
Chair
Forest Practices Board
Phone: (250) 387-7964
1-800-994-5899
Jacqueline Waldorf
Communications
Forest Practices Board
Phone: 250 387-7964
1 800 994-5899
VICTORIA -The Forest Practices Board will audit the forest planning and practices of the Ministry of Forests small business forest enterprise program in the Squamish forest district this fall.
The audit will look at the program’s operations near Harrison Lake, Squamish, Pemberton, Boulder Creek and in Tree Farm Licence 38 on the western edge of the Squamish forest district. Auditors will examine operational planning, harvesting, roads, silviculture and fire protection activities carried out over the past year.
The board conducts periodic independent audits to determine whether government and forest companies are complying with the code. The Squamish small business forest enterprise program was chosen randomly and not on the basis of location or level of performance.
Professional foresters, a biologist, a certified management accountant and an engineer will form the eight-member audit team. The team will be in the area for about 10 days beginning Sept. 17 examining plans, cutblocks and roads. Once the field work is done, the team will report its findings to the board. Anyone who may be adversely affected by the audit results will be given a chance to respond directly to the board. The board will then prepare its final audit report and release it to the public and government.
To date, the board has completed compliance audits of 41 forest companies and Ministry of Forests small business forest enterprise program. Nineteen audits were clean, meaning the forest planning and practices met Forest Practices Code requirements in all significant respects. Twenty-two audits were qualified, meaning there was some significant non-compliance with the code. The board is undertaking nine audits this year, which include one area-based audit, a range audit, and audits of forest practices on Nisga’a lands.
The Forest Practices Board is an independent public watchdog, established in 1995, that publishes reports about compliance with the Forest Practices Code and the achievement of its intent.
The board's main roles under the Forest Practices Code are:
Bill Cafferata,Chair
Forest Practices Board
Phone: (250) 387-7964
1-800-994-5899
Jacqueline Waldorf
Communications
Forest Practices Board
Phone: 250 387-7964
1 800 994-5899
VICTORIA -The Forest Practices Board will audit the forest planning and practices of the Cowichan Lake Community Forest Cooperative in the South Island forest district this fall.
Auditors will examine operational planning, harvesting, roads, silviculture and fire protection activities carried out over the past year. The cooperative – made up of community, business and economic development organizations – operates a forest licence 27 kilometres southwest of Lake Cowichan.
The board carries out periodic independent audits to see if government and forest companies are complying with the Forest Practices Code. The Cowichan Lake cooperative’s operation was chosen randomly and not on the basis of location or level of performance.
Three professional foresters, a professional geoscientist and a chartered accountant will form the audit team. The team will be in the licence area for about five days beginning Sept. 10 examining plans, cutblocks and roads. Once the field work is done, the team will report its findings to the board. Anyone who may be adversely affected by the audit results will be given a chance to respond directly to the board. The board will then prepare its final audit report and release it to the public and government.
To date, the board has completed compliance audits of 41 forest companies and Ministry of Forests small business forest enterprise programs. Nineteen audits were clean, meaning the forest planning and practices met code requirements in all significant respects. Twenty-two audits were qualified, meaning there was some significant non-compliance with the code. The board is undertaking nine audits this year, which include one area-based audit, a range audit of both compliance and enforcement, and audits of forest practices on Nisga’a lands.
The Forest Practices Board is an independent public watchdog, established in 1995, that publishes reports about compliance with the Forest Practices Code and the achievement of its intent.
The board's main roles under the Forest Practices Code are:
Bill Cafferata,Chair
Forest Practices Board
Phone: (250) 387-7964
1-800-994-5899
Jacqueline Waldorf
Communications
Forest Practices Board
Phone: 250 387-7964
1 800 994-5899
Victoria -The Forest Practices Board will conduct its first audit of range activities this summer in the Horsefly forest district, near Quesnel.
The audit will look at compliance with the Forest Practices Code, as well as the appropriateness of government’s enforcement of the code for ranching and haycutting on Crown lands.
Under a separate project, the board will also examine how range practices are affecting such things as streams, wetlands, lakes, winter range for moose and deer, and new trees growing on recently logged sites.
The audit will look at 42 range and haycutting permits within the district. A sample of these tenures will be examined on the ground. The audit will assess how well they have complied with the code and how well government has enforced the code. The separate special project will then assess how those practices have affected the landbase.
"Until now our audit program has focused on forest companies and government forestry programs," said Bill Cafferata, Forest Practices Board chair. "This audit and the special project will examine range lands to give us a broader sense of how these practices on Crown lands affect public resources and whether the code is effective in regulating these activities."
The Forest Practices Board is required to carry out periodic independent audits to see if government, forest companies and other licensed users are complying with the Forest Practices Code. An agrologist, two professional foresters, one professional biologist and one chartered accountant will form the audit team. They will spend up to two weeks working in the field, starting Aug. 27.
Once the field work is done, the audit team will report its findings to the board. Any party that may be adversely affected by the audit findings will have a chance to respond. The board’s final report and recommendations will then be released to the public and the government.
The board is undertaking nine audits this year, which include one area-based audit, a range audit and an audit of forest practices on Nisga’a lands.
The Forest Practices Board is an independent public watchdog, established in 1995, that publishes reports about compliance with the Forest Practices Code and the achievement of its intent.
The board's main roles under the Forest Practices Code are:
Bill Cafferata,Chair
Forest Practices Board
Phone: (250) 387-7964
1-800-994-5899
Nicky Cain
Communications
Forest Practices Board
Phone: 250 387-7964
1 800 994-5899
