Karst Government Actions Regulation Project Initiation

1
Karst Government Actions Regulation Project
Initiation

• July 19, 2006

2
Meeting Objective

• Purpose for initiating Karst project
• Review project process
• Provide update on what is happening and where we
  are

3
Intent of GAR Order

• Intent of the Karst Government Actions Regulation
  (GAR) Order is to formalize the level of
  management that was initiated under the Forest
  Practices Code (FPC)

4
Process

• 1 Initiate Project
• 2 - Respond to any comments received
• 3 - Try maintain consistency in Coast Region
• 4 - Posting of the intention to develop Order
• 5 - 60 day Consultation period would begin
  with advertising
• 6 - Approval and Posting of the final Order as
  per GAR sec 4
• 7 - Karst Order becomes effective
• 8 Annual Review

5
GAR Sec 5

• Enabling legislation - Government Actions
  Regulation (GAR)
• GAR section 5 for Resource Features
• 5(1) Subject to subsection (2), the minister
  responsible for the Forest Act by order may
  identify one or more of the following as
  resource features in relation to a specified
  area
• (a) surface or subsurface element of a karst
  system
• 5(2) The minister responsible for the Forest Act
  may make an order under subsection (a) if the
  minister is satisfied that the resource feature
  requires special management not otherwise
  provided for under this regulation or another
  enactment.

6
FPPR Sec 70(1)

• Requirement that the Resource Feature not be
  damaged or rendered ineffective (does not require
  Results and Strategies)
• 70(1) An authorized person who carries out
  primary forest activity must ensure that the
  primary forest activity does not damage or render
  ineffective a resource feature

7
Draft Karst Order Wording

• Pursuant to Section 5 of the Government Actions
  Regulation (GAR) of the Forest and Range
  Practises Act, I hereby identify the following
  surface or subsurface elements of a karst system
  as resource features wherever they are found in
  the Forest District. This Order is
  effective as of date .
• Karst caves
• Very high or high vulnerability karst terrain
• Significant surface karst features

8
Why No Definitions?

• Under the Forest Practices Code (FPC) there was
  no definition for karst
• Unable to create new legislation through GAR
  Orders
• Result No definition for karst elements and
  dependence on professional reliance as per GAR
  5(3)(b)

9
GAR Sec 5(3)(b)

• Identification of Resource Feature 5(3)
• 5(3)(b) must be sufficiently specific to enable a
  person affected by it to identify the resource
  feature in the ordinary course of carrying out
  forest or range practices
• Precludes requirement for definition

10
4 GAR Tests

• Before the Karst GAR Order can be approved by the
  Designated Decision Maker (DDM) all 4 GAR tests
  must be met
• The DDM for the Karst Order is District Manager
  with the Ministry of Forests Range

11
GAR Test 1

• Does the Karst element already have protection?
• Examples
• Any existing objectives in higher level plans?
• Any other GAR Orders?
• Any licensee certification processes?

12
GAR Test 2

• Is the Order consistent with established
  objectives?
• Examples
• Objectives from higher level plans?

13
GAR Test 3

• Will the Order unduly reduce the timber supply?
• Examples
• Current management practice?
• Accounted for in Timber Supply Review?

14
GAR Test 4

• Do the benefits to the public outweigh any
  material or adverse impacts of the order on
  delivered log costs or undue constraint on the
  ability of a holder of an agreement under the
  Forest Act or the Range Act?
• Example
• Comparison of potential adverse impacts to public
  benefit?

15
Current Management

• At present
• Many licensees following Karst Management
  Handbook for British Columbia
• Many of the Forest Development Plans (FDPs) have
  been managing karsts
• Recreation Sites and Trails
• TSR netdowns
• TSR3 - Strathcona TSA as an example

16
Compliance Enforcement

• How would Compliance and Enforcement (CE) be
  carried out on the practice requirement for
  karsts?
• CE may consider using a karst professional if no
  one on staff was qualified to assess if the
  feature was damaged or rendered ineffective

17
Questions

• Any Questions?
• Any Action items that need to be addressed?