Okanagan TSA Steering Committee Meeting Minutes

Okanagan Shuswap Forest District

9:00 – AM – 12:00, December 12, 2006

Okanagan Shuswap District Conference Room.

Chair: Brian Bedard, BCTS

Scribe: Rich Toperczer, Ministry of Forests

Attendees:

Old Business

Topic / Discussion Lead / Description / Meeting Notes
Professional reliance / All / Standing topic at meetings. / · 
I-Team / Rick Smith
Peter Love / Standing topic. Update on issues that I-team is dealing with. / ·  Items from last meeting:
·  CFA license extension should be a valid rationale for requesting waiving of CP extension fees
·  CP extension fees can be waived for post Nov. 2003 Permits.
·  Sec 7 notices for FSP – need to protect habitat and occurrence.
·  Culture/Climate roles and responsibilities document – I-Team is working with local document – item of conversation is gap between C&E and FREP and role of ministry monitoring.
·  Discussion on incentives for retaining CWD on cutblocks, Researchers are promoting retention of more MPB waste on cutblocks – issues are fire, forage, waste availability for other clients,
·  Resource roads Act is being put together for “dirt” ministries – covers construction, maintenance, use and deactivation – consultation Jan 07 – implementation 2008.
·  Larry Gardner discussed RP issuance and sections of non-status roads between status sections and environmental problems issue – request that Doug Kelly consider change to RP so that obligation does not begin until new road is under construction.
·  Comparative cruising is still not supported by Branch especially with grade changes – allowance “pays” for full cruise anyway and there are issues with the softwood lumber agreement.
·  The waterbed is an obstacle to getting a better haul differential. If licensees are interested, they need to take it to IAAC.
·  Dry grade 4 does not get measured if left in bush but is measured if taken to mill, anticipate shortage of chips for pulp, this will be fixed in very near future.
·  Cut control flexibility for at least 2 periods and allow for undercuts for MPB, no appetite to make these changes. Rick is looking for some data to support this from licensees. ACTION: If there is still desire to pursue these changes, let Rick Smith know and provide some data to support.
·  Licensees may be able to select if they want to use Dec billing included in current cut control year. ACTION: Peter to forward notice document when received.. CPs do not need to be amended if they are being surrendered. CPs do not need to be issued prior to year end, but you must have CP applied for (complete application) by Dec 31 in order for it to be approved under your FDP. CP can be issued w/out FSP in new year.
·  Post Nov. 2003 CPs may be extendable, legislation is in the works.
·  DOS not prepared to accept a CP surrender date beyond 2010.
·  FRPA implementation: implementation workshop in spring, 12 FSPs approved in SIR, sec 196 clarification coming, licensees do not get 196(2) protection without a submitted FSP prior to FDP expiry. PFIT looking for clarification on 500m3 salvage ability within FDUs.
·  Caribou meeting will present plans for caribou and impacts on forest resource.
·  Under FRPA, licensees are responsible to notify MOE of works near or in a water body, Sec 44 of Fisheries Act? Clarity (agreement to disagree) coming on the use of ‘practicable’.
·  Executive is up north looking at shelf life, looking at year end rationalization for cracks in logs using scale information as opposed to cruise.
·  Waste Benchmarks go away March 07.
·  MOE is working through WHAs and can provide info on what they have currently. Much work being done with regards to private land development.
FSP’s, issues etc. / All / Licensees to pick topics of concern for an open discussion / ·  Question: have Stocking Standards guidance been finalized. New guidance on Forest Practices Branch website.
·  Concerns around overlapping FSPs with FN and other NRFLs. Legislation is silent, but expectation is that licensees discuss shared targets and issues. DM can direct if necessary. Emphasis is placed on licensee cooperation.
Association Update / Paul Knowles / Standing Topic / ·  New exec director soon to be announced.
·  New statement coming from ABCFP on Weyco case
·  Pass of 78% this year for FPFs and 75% for RFTs
·  Forest capital of BC deadline extended and City of Vernon is the only application at this time.

New Business

Topic / Discussion Lead / Description / Meeting Comments
Role of C&E / Patrick Tobin / A C&E overview of numbers and types of inspections. Start with a 10 minute presentation followed by some basic data and Q&A session. To allow Patrick to attend another meeting, this will be put on the top of the agenda. / ·  Law enforcement for MoFR. Working through change to FRPA and FSPs. Will not create a significant shift from current mandate – except where they find the information and the landscape level target rationalization
·  Responsibilities: Environmental, Revenue and Detect and Investigate “forest crimes” (theft, arson, mischief). Done through inspections, investigations, complaints (150/yr) and actions.
·  Investigation if there is a suspected contravention. Operate in administrative remedies framework, judicial fairness, notification, sharing of evidence prior to hearing, inform clients of their rights. Time consuming process to investigate.
·  C and E risk rates inspections by L,M, H and VH and then assigns priority – time of operations, operator performance, revenue, program goals, or area of emphasis.
·  Target is 850 -1000 inspections per year – with legislated Provincial goal of assessing 85 % of H or VH priority sites
·  C&E must prove that act occurred – do not have to prove intent (51% for admin).
·  Defences: officially induced error, due diligence, mistake of fact. No expectation of privacy on Crown land.
·  DM weighs evidence in OTBH and may levy a fine, etc if balance of probabilities (51%) dictate. Considerations: gravity, magnitude, previous contraventions, deliberate, economic benefit, cooperation to correct, other.
·  Actions: compliance action: warnings, restrictions, seizures, stop work.
·  Enforcement action: determination is made, tickets, admin remedies, remediation orders, court prosecution.
·  Provincial expectation is for 94% compliance.
Forestry License to Cut Regulation / Bob Annand / Forestry License to Cut regulation has been amended to allow for up to 5000 m3 of wood that is at risk. / ·  Intermediate salvage FLTCs can be issued to harvest dead or damaged due to fire, windthrow and beetles as well as wood under risk of attack by beetles, including access wood and can be up to 5000m3 for areas not being addressed. Currently in pilot stage for medium patches. Licenses are competitively awarded (starting bid at 70% of 6-1 rate plus silv levy) and silv liability will be looked after by MoFR. 12 licenses to be awarded in province under pilot stage (by March 07). Evaluation of pilot will be made by June 07. Anticipation is that these will be clearcut. DOS does not anticipate a large use for these licenses, but are considering them. No FSP required but must follow FPPR. DOS develops Site Plan and does layout as required.
·  ACTION: – If Licencee have any area they believe would “fit” this pilot – let District staff know.
·  Proposed stumpage changes: CFAs 15%, WLs 27.5% and SSS (for Pl) 75% of Table 6-1 rates,
Timber Reallocation Transition Plan for OKTSA / Rick Smith / Review of current draft wording before it goes to the DM for sign off. / ·  Reallocation of operating areas: some confusion with FN volume. Sec 2.2 allocation numbers are inaccurate, need clarification of entitlement of volume. Sec 3.2 table may be inaccurate. ACTION: Rick to fix.
·  ACTION ;Comments due to Rick by Dec 20th.
Draft Caribou habitat management options / Ted McRae / SaRCO has proposed management options for Caribou. / ·  Note sent to MLs yesterday. Quick Overview – endangered provincially Threatened Federally, Agriculture & Lands Minister Pat Bell stated we need support development of a recovery plan 60-100 year phase
·  Formal consultation Dec 1 to Jan 31. Action plan byMarch 31, implementation by June 1.
·  Options: Status quo, maintain current pop, maintain pop with resilience (or grow pop), assisted long term sustaining (mgmt of preditors, habitat, rec), self sustaining pop.
·  Strategies: remove predators, other ungulates in same habitat, protect habitat from logging, rec and move caribou from larger to smaller herds.
·  Questions from scientific panel: Do licensees understand the options, what are the issues/effects and what are the alternatives
·  Link to ILMB website: http://ilmbwww.bov.bc.ca/sarco/mc
·  Two planning units in DOS. South Monashee – status quo planned, pop 8. Revelstoke - Shuswap – no option for this unit yet, pop 200. May be looking at connectivity between herds.
·  ACTION: Comments due Feb 28, 2007
Disposition plan for TSA uplift and IFPA uplift / Various / Update of the disposition plan for the TSA and IFPA uplift / ·  There are some litigation issues, but no more info is available at this time.
FDP amendments / Peter Love / How are FDP amendments proceeding prior to FDP expiry / ·  Tolko has 1mill m3 of FDP amends to be processed prior to FDP expiry.
·  Other licensees do not anticipate problems.
Land base investment account / Glen Dick / The Okanagan Innovative Forestry Society is preparing the LBIR for 2006/07. / ·  $1.6mill for TSA original. Additional $950K for inventory.
·  Some new rules.
·  PWC contract has been renewed.
·  LBIR is expected to be a district wide document.
·  People should be thinking about what activities should be included in the LBIR now.
·  ACTION: All parties to get back to Tanya re: two highlighted sections (in orange). All comments on activities to Tanya by Jan 31. (250)712-0382 or
·  New project coming on line with FIA for Retention Planning.
· 
Appointment/election of new Chairman and Secretary. / Brian Bedard / ·  Luke Gubbels has volunteered to take on role as new scribe.
·  Richard Toperczer has volunteered to be the new Chair.
· 
· 
Future meeting Schedule / Feb 15