Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume

45, No. 3

B.C. Reg. 32/2002

The

British Columbia Gazette,

Part II

February 26, 2002

B.C. Reg. 32/2002, deposited February 22, 2002,

pursuant to the FOREST PRACTICES CODE OF BRITISH COLUMBIA ACT [Sections

203, 208, 217.1 and 218]. Order in Council 155/2002, approved and ordered

February 21, 2002.

On the recommendation of the undersigned, the Lieutenant

Governor, by and with the advice and consent of the Executive Council, orders

that

(

a) the Woodlot Licence Forest Management Regulation, B.C. Reg. 325/98, is

amended as set out in the attached Schedule, and

(

b) the four month period referred to in

section 10 (1) (

d) of the Forest

Practices Code of British Columbia Act does not apply for the purposes of

paragraph (a), except to

section 11 (5) and (6) of the Woodlot Licence Forest

Management Regulation, as enacted by

section 2 of the Schedule. — M. de

JONG, Minister of Forests; R. NEUFELD, Presiding Member of the Executive

Council.

Schedule

section 1 (1) of the Woodlot Licence Forest Management Regulation, B.C.

Reg. 325/98, is amended

(

a) by adding the following

definitions:

"access trail" means a trail that

(

a) provides access for equipment between areas of

harvesting, or between such areas and roads or landings, and

(

b) is constructed, modified, excavated or bladed, or

through frequent use has become established;

"comprehensive plan for wildlife tree

retention" means a forest cover map of the woodlot licence area that

(

a) identifies the forest cover attributes, size, shape

and location of wildlife tree patches that are, in whole or in part, composed of

trees that

(

i) have at least 2 of the following characteristics:

(

A) internal decay, heart rot or cavities;

(

B) crevices, cracks or loose bark that is suitable for

wildlife;

(

C) large brooms;

(

D) active or recent wildlife use;

(

E) current insect infestation;

(

F) structure suitable for wildlife use including a

large nest, a hunting perch or a bear den;

(

G) it is one of the largest trees on site as determined

by height or diameter;

(

H) it is a veteran tree;

(

I) it is a locally important wildlife tree species, or

(ii) are large and stable and will likely develop two or

more of the characteristics referred to in subparagraph (i),

(

b) describes in general terms the species and

characteristics of any individual wildlife trees that

(

i) will be retained in addition to wildlife tree

patches, and

(ii) have at least one of the characteristics described

in paragraph (a) (

i) or are the type of trees described in paragraph (a) (ii),

and

(

c) is consistent with objectives for wildlife tree

retention specified,

(

i) by the district manager, if there is no higher level

plan that specifies wildlife tree retention objectives for the area, or

(ii) in a higher level plan that applies to the area;

"harvesting of bark beetle infested timber"

means harvesting timber that is infested with larvae or adult bark beetles or

must be removed incidentally to facilitate the removal of bark beetle infested

timber; , and

(

b) by repealing the

definitions of "intermediate cuttings"

and "wildlife tree patch" and substituting the following:

"intermediate cuttings" means

(

a) the harvesting of timber if

(

i) the harvesting takes place before the final harvest

or regeneration cut, and does not result in a requirement to establish a free

growing stand on the area, and

(ii) the majority of the pre-harvest stand volume is not

removed, or

(

b) the harvesting of bark beetle infested timber by

harvesting scattered trees, small clumps of trees or for access trails required

to harvest the timber if, in the opinion of the district manager, the area

harvested is too small to require the establishment of a free growing stand;

"wildlife tree patch" means a group of

trees that provide present or future wildlife habitat.

section 11 (4), (5) and (6) are repealed and the following substituted:

(4) A holder of a woodlot licence must ensure that a

forest development plan specifies

(

a) the general objectives for retention of coarse woody

debris, and

(

b) measures to reduce any losses that are identified

after evaluation of the occurrence of significant forest health factors which

are causing or May cause damage.

(5) Unless otherwise specified by the district manager,

a comprehensive plan for wildlife tree retention must be included with the

forest development plan when the forest development plan is

(

a) referred to resource agencies and other persons

specified by the district manager,

(

b) made available for review and comment, and

(

c) submitted for approval.

(6) A comprehensive plan for wildlife tree retention

does not form part of the approved forest development plan, but May be

considered by the district manager under

section 41 (1) (

b) of the Act in

determining whether to approve the forest development plan.

(7) A comprehensive plan for wildlife tree retention

that was included as part of a forest development plan before the effective date

of this

section is not part of the forest development plan on and after the

effective date.

section 14 (2.1) is repealed and the following is substituted:

(2.1) Despite subsection (1), the requirements of

subsection (1) (

l) do not apply if the holder has submitted a comprehensive plan

for wildlife tree retention.

section 14 (11) is repealed and the following is substituted:

(11) If the district manager exempts the holder of a

woodlot licence from the requirement to prepare and obtain the district

manager's approval of a site plan and the harvesting will remove an estimated

volume of timber in excess of 500 m , the district manager must impose terms

and conditions on the harvesting for wildlife tree retention, unless the holder

has submitted a comprehensive plan for wildlife tree retention.

5 The following sections are added to Division 3:

Exemptions for harvesting

22.01

(1) Subject to subsection (3), a holder of

a woodlot licence is exempt from

section 19 (1) and (1.2) of the Act if the

cutting permit being applied for is for the harvesting of bark beetle infested

timber, timber damaged by wind or any proposed road construction that is

necessary to facilitate such harvesting.

(2) Despite

section 18 of this regulation, the district

manager May exempt a holder of a woodlot licence from the requirement to

prepare, and obtain the district manager's approval of, a site plan for an area

of proposed harvesting of bark beetle infested timber or timber damaged by wind

(

a) the estimated volume to be harvested under the

exemption is not more than 5 000 m , and

(

b) the district manager is satisfied that the exemption

is necessary to expedite measures to be taken to limit the spread of the bark

beetle or prevent deterioration of timber that has been damaged by wind.

(3) Before the district manager issues a cutting permit

referred to in subsection (1), the district manager, by written notice, may

require the holder to provide an opportunity for review and comment of the

proposed harvesting and road construction associated with the cutting permit.

(4) The review and comment referred to in subsection

(3) must substantially meet the requirements for review and comment described in

section 7.

Requirements in an exempted area

22.02

(1) If a holder of a woodlot licence is

exempted under

section 22.01 (2), the district manager May require the holder to

establish a free growing stand on the area in accordance with

section 76 and the

requirements of this section.

(2) If a holder of a woodlot licence is required to

establish a free growing stand under subsection (1) then, within 3 years of the

commencement of harvesting on the area, the holder must submit to the district

manager a map based on a field traverse, identifying the size, shape and

location of the area harvested, the location of any access trails to the area

and indicating the size and location of the net area to be reforested.

(3) When preparing the map required under subsection

(2), the holder May amalgamate areas that are geographically close if harvesting

has taken place over one or more seasons and the district manager agrees that

this would simplify future administration.

(4) When indicating the net area to be reforested under

subsection (2), the holder must exclude from the net area to be reforested any

access trails to the area, unless the district manager requires the

establishment of a free growing stand on the access trail.

(5) If a holder of a woodlot licence is required to

establish a free growing stand under subsection (1), the following silviculture

stocking specifications apply and are considered to be the site plan for the

area, unless other silviculture stocking specifications are specified or

approved by the district manager:

(

a) the preferred species are

(

i) lodgepole pine,

(ii) spruce, and

(iii) Douglas-fir if Douglas-fir is present in the area

prior to harvesting;

(

b) subalpine fir is an acceptable species if present in

the area prior to harvesting;

(

c) for purposes of Division 2 of

Part 6, the following

apply:

(

i) the silvicultural system approved for the area is

other than single tree selection;

(ii) the regeneration date is 7 years;

(iii) the free growing date is 15 years;

(iv) the target stocking standard is 1200;

(

v) the minimum number of healthy, well spaced trees of

the preferred and acceptable species per hectare is 700;

(vi) the minimum number of healthy, well spaced trees of

the preferred species per hectare is 600;

(vii) the minimum free growing heights by species are

(A) 2.0 m for lodgepole pine,

(B) 1.4 m for Douglas-fir, and

(C) 1.0 m for other species;

(viii) the height relative to competing vegetation

within a 1 m radius of the tree trunk is 150%.

(6) If a holder of a woodlot licence is exempted under

section 22.01 (2), the maximum proportion of the net area to be reforested that

May be occupied by soil disturbance is 10%.

(7) The district manager May authorize a greater amount

of soil disturbance than allowed by subsection (6) if

(

a) the disturbance is unavoidable while carrying out

the harvesting of bark beetle infested timber or timber damaged by wind, and

(

b) the proposed activities will not cause or increase

the risk of damage to other forest resources.

(8) section 38 (4) applies as if the maximum limit for

soil disturbance established under subsection (6) or (7) was specified in a site

plan for the area.

section 31 is amended by adding the following subsection:

(3) The district manager May require a holder of a

woodlot licence to establish a free growing stand on an area that has been

exempted from the requirement to prepare a site plan, if there is additional

harvesting in the vicinity of the area subject to the exemption.

7 The following

section is added to Division 1 of

Part 4:

Exemptions for roads

41.1

(1) A holder of a woodlot licence is exempt

from the requirement in

section 58 of the Act to identify a road in a forest

development plan before constructing or modifying the road if the road is to

facilitate the harvesting of bark beetle infested timber or timber damaged by

wind.

(2) A holder of a woodlot licence is exempt from the

requirement in

section 60 (1) of the Act to prepare and obtain the district

manager's approval of a road layout and design before constructing or modifying

a road to facilitate the harvesting of bark beetle infested timber or timber

damaged by wind unless

(

a) the proposed road location is

(

i) on an area with a moderate or high likelihood of

landslides, or

(ii) in a community watershed and a soil erosion field

assessment indicates that the surface soil erosion hazard is high or very high,

(

b) prior to the commencement of road construction or

modification the district manager provides written notification requiring the

holder to submit for approval a road layout and design on the basis that the

district manager believes that the location and layout of the road will

(

i) materially affect the use of the road by others, or

(ii) adversely affect forest resources.

8 Sections 43 (6) (d), 47.1 and 47.2 are repealed.

section 45 (1) (

b) is repealed and the following is substituted:

(

b) if required to prepare a road layout and design,

ensure that the road layout and design identifies fish streams that are in the

area

(

i) of the proposed road or road work, or

(ii) that May be impacted by the road.

section 48 (1) is amended

(

a) by striking out "Despite

section 47.1", and

(

b) by repealing paragraph (b).

section 58 is repealed and the following is substituted:

Wildlife tree retention

(1) On request, a holder of a woodlot licence

must make a comprehensive plan for wildlife tree retention available to the

resource agencies for the purposes of auditing.

(2) A holder of a woodlot licence must not harvest trees

that are designated as wildlife trees or are within wildlife tree patches

identified in a comprehensive plan for wildlife tree retention.

(3) The holder of a woodlot licence must, at the time of

applying for authority to harvest wildlife trees, or trees that are in a

wildlife tree patch, submit to the district manager an amendment to the

comprehensive plan for wildlife tree retention to replace the trees that will be

harvested with trees of equal or better wildlife tree value.

12 The following

section is added:

Requirements for access trails

62.2

(1) A holder of a woodlot licence who creates an

access trail must carry out whatever measures are necessary on an access trail

(

a) maintain natural surface drainage,

(

b) minimize soil erosion and the amount of sediment

entering streams, and

(

c) prevent subsurface seepage water, intercepted by the

trails, from being diverted into areas that would not naturally have received

the water, and that are

(

i) sensitive slopes, or

(ii) stream channels or gullies.

(2) If a holder of a woodlot licence has been granted an

exemption under

section 22.01 (2), the holder is exempt from the requirement to

obtain the consent of the district manager, under

section 68 of the Act, to

construct an excavated or bladed trail to facilitate the harvesting of bark

beetle infested timber or timber damaged by wind.

section 74 is amended

(

a) by renumbering the

section as

section 74 (1), and

(

b) by adding the following subsection:

(2) Despite the definition of "commencement of

harvesting", the district manager May authorize, in writing, a different

date as the commencement of harvesting, if harvesting of bark beetle infested

timber or timber damaged by wind occurs before harvesting the majority of the

cutblock volume.

Copyright © 2002: Queen's Printer, Victoria, British Columbia, Canada