British Columbia Order in Council — Order under Forest Practices Code BC Regs (O.C. 1311/2000)

O.C. 1311/2000

British Columbia — Orders in Council

Order in Council No. - 1311 , Approved and Ordered SEP 1 5 2000 • Lieutenant Governor PROVINCE 'OF BRITISH COLUMBIA ' ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL ExecuLvt Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that (

a) the Operational Planning Regulation, B.C. Reg. 107/98, is amended as set out in

Schedule 1, and (

b) the Range Practices Regulation, B.C. Reg. 177/95, is amended as set out in

Schedule 2. Minister of Fo s Presiding Member of the Executive Council (This

part is for administrative purposes. only and is not part of the Order.) Authority under which rdec+ Is made: Act and section:- Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, ss. 198, 208, 211.1 & 214 Other (specify):- oic 426/98; 435/95 June 29, 2000 II ILI/2000/13

SCHEDULE 1 1 Divisions 1 and 2 of

Part 7 of the Operational Planning Regulation, B.C. Reg 107/98, are repealed and the following substituted: Division 1—

Definitions Dnfinitions 52 In this Part: "key area" means land subject to a Range Act agreement that is a monitoring site for grazing identified by the district manager under

section 52.2 (c); "properly functioning condition" means the ability of a stream, river, wetland or lake, and its riparian area, to (

a) withstand normal peak flood events without experiencing accelerated soil loss, channel movement or bank movement, (

b) filter runoff, and (

c) store and safely release water; "range readiness criteria" means criteria that indicate when the range is ready for grazing or harvesting based on a combination of soil moisture conditions and the phenological stage of plants; "riparian area" means an area of land that (

a) is adjacent to a stream, river, lake or wetland, and (

b) contains vegetation that, due to the presence of water, is distinctly different from the vegetation of adjacent upland areas; "stubble height" means the height of plants remaining after harvesting or grazing. Division 2 — Information Supplied by District Manager Information respecting a range use plan — general 52.1 The district manager must give, to a person preparing a range use plan, a map that contains the following information: (

a) Range Act agreement boundaries; (

b) community watershed boundaries; (

c) known wildlife habitat areas, but the location of a wildlife habitat area must not be shown if the district manager or designated environment official is satisfied that showing it would threaten identified wildlife; (

d) known ungulate winter ranges impacted by the grazing, hay cutting or related activities; 1 of6

(

e) known resource features or sensitive areas, if the district manager determines that there is a significant potential for the grazing, hay cutting or related activity to negatively affect the resource features or sensitive areas under the plan; (

f) the intended harvest area, if any; (

g) a range development that is a structure, excavation or constructed livestock 'rail. Information respecting a range use plan — grazing 52.2 The district manager must give the following information to a person preparing a range use plan for grazing: (

a) strategies for (

i) kric‘.irn ungulate winter range, if range use activity impacts on that ungulate winter range, and (ii) known biological diversity objectives; (

b) strategies to (

i) address known resource features or sensitive areas, if the district manager determines that there is a significant potential for livestock to negatively affect the resource feature or sensitive area under the plan, and (ii) achieve or maintain properly functioning condition in riparian areas; (

c) location of key areas to be used as a monitoring site, and for those areas (

i) average stubble height for plant species specified by the district manager, (ii) range readiness criteria, and (iii) browse use levels, expressed in terms of the maximum percentage of stems utilized; (

d) for areas that the district manager determines have been, or may be, negatively affected in a significant way by livestock, (

i) a description of the current plant communities and the desired plant communities, and (ii) strategies to achieve or maintain desired plant communities; (

e) known water quality objectives, including what they are and to what area they apply; (

f) additional strategies the district manager believes are necessary to adequately manage and conserve the forest resources of the area that is subject to the range use plan. Information respecting a range use plan — hay cutting 52.3 The district manager must give, to the person developing a range use plan for hay cutting, (

a) a description of desired plant communities and strategies to achieve or maintain them, and (

b) range readiness criteria or other factors to determine the time of harvest. 2 of 6

Information respecting a range use plan prepared by the district manager 52.4 If the district manager prepares a range use plan under

section 27 (3) of the Forest Practices Code of British Columbia Act, for the holder of an agreement under the Range Act, or amends a plan prepared under

section 27 (3), the district manager must give the holder a copy of it. District manager may change information 52.5 The district manager may change information given under this Division by giving notice of the change to the holder of the Range Act agreement to which the range use plan relates. Division 2.1 — Range Use Plan Content General content 53 A person who prepares a range use plan must ensure that the range use plan includes (

a) maps, schedules and other information for the range land under the plan sufficient to permit adequate assessment, by the district manager and resource agencies, of the area's forest resources and proposed range practices to be carried out on the range land under the plan, (

b) for a plan prepared under

section 27 (1) of the Forest Practices Code of British Columbia Act, the signature of the holder of the agreement under the Range Act or a person who has authority to sign the plan on behalf of the holder, and (

c) an expiry date. Grazing content 53.1 In addition to the requirements of

section 53, a person who prepares a range use plan for grazing must ensure that the plan includes all the following: (

a) a map given by the district manager under

section 52.1; (

b) measures to address strategies supplied by the district manager under

section 52.2; (

c) measures to minimize damage to trees that are not free growing; (

d) a grazing

schedule that includes, for each area of use, all of the following: (

i) total animal unit months as defined in the Range Act; (ii) livestock class; (iii) livestock number; (iv) period of use; (

e) for key areas, the information given by the district manager under

section 52.2; (

f) measures to address water quality objectives given under

section 52.2. Hay cutting content 53.2 In addition to the requirements of

section 53, a person who prepares a range use plan for hay cutting must ensure that the plan includes all the following: 3 of 6

(

a) a map given by the district manager under

section 52.1; (

b) measures to address strategies supplied by the district manager under

section 52.3, to achieve or maintain desired plant communities for the area to be harvested; (

c) an average stubble height for the area to be harvested; (

d) a date for the intended commencement of harvesting; (

e) range readiness criteii a or other factors that determine timing of harvest, given by the distnct manager under

section 52.3. Limited content for unfenced grazing land 54 A range use plan must include, for any unfenced grazing land under the plan, only a grazing schedule, and the number and class of livestock that will graze there. Division 2.2 — Amendment of Range Use Plan to Protect Forest Resources District manager must require amendment to range use plan 54.1

(1) If the district manager is satisfied that a range use plan is inconsistent with the objectives, strategies or measures associated with any of the matters set out in subsection (2), the district manager must by notice given to the holder of the range use plan require an amendment of the range use plan to make it consistent, and the holder must comply with the requirement.

(2) The matters referred to in subsection (1) are any of the following if they occur after the approval of the range use plan and affect range practices in the area under the plan: (

a) the establishment of a higher level plan; (

b) the designation or amendment of a community watershed; (

c) the establishment or amendment of water quality objectives; (

d) the designation or amendment of an ungulate winter range; (

e) the establishment or amendment of ungulate winter range objectives; (

f) the establishment of a wildlife habitat area or a general wildlife measure; (

g) information given under sections 52.1 to 52.4 is changed under

section 52.5.

SCHEDULE 2

Section 1 of the Range Practices Regulation, B.C. Reg. 177/95, is amended by adding the following: "range readiness criteria" means criteria that indicate when the range is ready for grazing or harvesting based on a combination of soil moisture conditions and the phenological stage of plants; . 2

Section 5.2 is repealed and the following substituted: 4of6

General wildlife measures 5.2

(1) A person who carries out an activity in a wildlife habitat area under a range use plan, or a consent granted under

section 101 of the Act, must carry it out in accordance with general wildlife measures that are: (

a) established for application within the wildlife habitat area, and (

b) identified in a notice given to the person by the district manager.

(2) A notice referred to in subsection (1) is effective on the date specified in the notice. 3 The following sections are added: Range readiness criteria 5.5

(1) The holder of an agreement under the Range Act must not graze livestock on Crown range (

a) until range readiness criteria are met in a key area that serves as the monitoring site for that Crown range, despite dates indicated in an approved range use plan, or (

b) before the dates indicated in an approved range use plan, unless written approval is given by the district manager, despite range readiness criteria being met.

(2) Despite harvesting dates in an approved range use plan for hay cutting, harvesting must not occur on Crown range until range readiness criteria are met. Livestock removal 5.6 The holder of an agreement under the Range Act must remove livestock from Crown range at the earlier of: (a)the date set out in the range use plan, and (b)the date the average stubble height for key areas is met unless a written exemption is given by the district manager. 4

Section 7 (3) is amended by adding ", deposit of sediments" after "trampling of vegeta- tion ". S The following

section is added: Removal of livestock from an area under silviculture 7.1

(1) By notice given to the holder of an agreement under the Range Act, the district manager may require the holder (

a) to remove livestock from an area subject to a silviculture prescription, and (

b) to prevent livestock from entering an area subject to a silviculture prescription, if, in the opinion of the district manager, use of the area by the livestock would significantly interfere with the establishment of the free growing stand in 5 of 6

accordance with the silviculture prescription, and the holder must comply with the notice.

(2) Despite subsection (1), the holder of an agreement under the Range Act may allow livestock under the agreement to enter the area subject to the silviculture prescription, if the district manager gives the holder notice that the district manager is satisfied that sufficient steps have been taken to prevent significant interference with the establishment of a free growing stand under the silviculture prescription. 6 of 6

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 1311/2000
Type	order_in_council
Volume / chapter	arc oic 1311 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	726f45d5e7316f6e1113c776bad6ea93de664bf0

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