Section 2 - Timber and Range: Supply and Disposition

Question 1

Which piece of legislation gives the Province’s chief forester the responsibility for determining AAC? Who is it sometimes delegated to

Answer 1

The forest act, delegated to regional executive director (for community forest agreements or FNWL) or the district manager (for woodlot licenses)

Question 2

What principles underlie all AAC determinations in BC

Answer 2

• current harvest rates should be sustainable, or be consistent with as rapid a return as possible
• should not lead to large disruptions in the timber supply available for future generations
• should not jeopardize the productivity of the forest

Question 3

Does the chief forester make forest management and land use decisions during AAC determinations?

Answer 3

no

Question 4

What section of what legislation acts as the central piece of legislation that enables AAC determination

Answer 4

Section 8: allowable annual cut (central)
Section 8.1 adjusting the allowable annual cut (other)
the forest act
(under part 2)

Question 5

In the determination of an AAC, what component is used and what information does it include?

Answer 5

Timber supply analysis
- current information about areas that are not available for timber harvesting (non-productive, roads, sensitive soils, etc)
- current information about management of non-timber forest resources
- current forest management practices
- economic and terrain conditions
- timber growth and yield predictions
- silv practices
- anticipated loss due to fire/pests
- info about FN

Question 6

Explain the forest act section 8

Answer 6

• requires the chief forester to determine new AACs for TSAs and TFLs at least once every 10 years
• allows the chief forester to postpone (up to 15 years after last determination)
• allows the chief forester the authority to “partition” an AAC to different types of timber or terrain and to different areas of crown land (can be amended or cancelled at ANY time)
• outlines the factors that the chief forester must consider in AAC determination

Question 7

when were section 8(9) and 8(11) added? why?

Answer 7

may 2010, to ensure AAC determinations for the TSA and the TFLs on Haida Gwaii conform to the requirements of the Haida Gwaii Reconiliation Act

Question 8

Where is AAC discussed in Ministry of Forests and Range Act?

Answer 8

Secs 4a, 4b, 4c, and 4d: purposes and functions of ministry
- plan the use of and encourage maximum productivity of forest and range resources

Question 9

What is section 8.1 of the forest act

Answer 9

adjusting the allowable annual cut
- the allowable annual cut administration regulation describes how sec 8.1 is to be implemented
- this section ensures AACs are adjusted promptly in response to land base changes

Question 10

What is the forest act section 9 and how is AAC related to it?

Answer 10

plans, studies, analysis and information
(part 2 section 9)
- allows the chief forester to require TFL holders to provide information, plans, studies and analysis that are needed to assist in an AAC determination for the TFL
- 25% deduction penalty if not provided

Question 11

What is the forest act section 10 and how is AAC related?

Answer 11

Apportioning cut
(part 2 section 10)
- FLNRO may specify that a portion of the AAC of a TSA be made available to various forms of agreements

Question 12

What is the forest act section 59 and how does it relate to AAC

Answer 12

increase of allowable annual cut
(part 4 division 3 section 59)
- minister may increase AAC authorized under a license within a TSA for incremental silviculture, subject to and if authorized by regulation

Question 13

What is the forest act section 59.1 and how does it relate to AAC

Answer 13

innovative forestry practices
(part 4 division 3 section 59.1)
- minister may enter into an agreement with the holder of a forest licence or other agreement to allow them to carry out innovative forestry practices to improve the productivity of the forest resource (plan must not exceed 20 years)

Question 14

What is the forest act sections 60-60.95 and how does it relate to AAC

Answer 14

deletions and reductions
(part 4 division 3 sections 60-60.95)
- describes provisions for the minister to delete crown land from specified licenses and to reduce AAC after area deletions

Question 15

What is the forest act section 61 and 62 and how does it relate to AAC

Answer 15

temporary reduction
(part 4 division 3 sections 61 and 62)
- used rarely, the minister may reduce the AAC authorized in a forest license for a period of time
- reduced volume becomes available for disposition under the forest act to persons other than the licensee

Question 16

What is the forest act section 62 and how does it relate to AAC

Answer 16

return of surrendered harvesting rights
(part 4 division 3 section 62)
- at the end of the period of a temporary reduction the AAC is restored back

Question 17

What is the forest act section 63 and how does it relate to AAC

Answer 17

reduction among license in a TSA
(part 4 division 3 section 62)
- if the AAC determined for a timber supply area is reduced under section 8 for any reason other than a reduction in the area of land in the timber suppla area, the minister must apportion the reduction among all the non-exempted licenses in that area

Question 18

What is the forest act section 63.1 and how does it relate to AAC

Answer 18

proportionate reduction if sec. 59.1 applies
- describes the AAC reduction method to be employed if there is an existing AAC increase under an innovative forest practices agreement

Question 19

What is the forest act section 68 and how does it relate to AAC

Answer 19

increase: disposition or deletion
(part 4 division 3 section 68)
- the minister may delete lands from TFLs or sell timber to someone other than the TFL holder if the holder identifies that the area is not required to meet the AAC

Question 20

What is the forest act section 69 and how does it relate to AAC

Answer 20

reduction by chief forester of allowable annual cut
(part 4 division 3 section 69)
- generally this section describes remedies in circumstances when the holder of a TFL or a replaceable forest license fails to comply with an AAC partition
- if a portion is not harvested, AAC may be reduced by that amount

Question 21

What is the forest act section 75.01 - 75.07 and how does it relate to AAC

Answer 21

annual allowable cut partition
(part 4 division 3.01)
- when the chief forester specifies an AAC partitio for a TSA or TFL, these sections allow the minister to specify by order a limit on the amount of harvesting in specific types of timber or terrain

Question 22

What is the forest act section 75.1 - 75.94 and how does it relate to AAC

Answer 22

cut control
(part 4 division 3.01)
- part of the administration, as opposed to the determination, of AACs
- it involves the tracking of actual harvest levels against license AACs
- for major licenses, during a 5-year cut control period, the volume of timber harvested must not exceed 110% of the sum of the AACs for that period
- also describes prvisions for carry forward excess harvest, and cut control limits for smaller licenses

Question 23

What is the forest act section 169 - 175.4 and how does it relate to AAC

Answer 23

designated areas
(part 13)
- used to delineate areas such as proposed protected areas or proposed treaty settlement lands prior to final approval of a land use designation, so operations may be suspended and aac reduced if appropriate (sec 173 gives the authority to reduce if all or part of the area is a designated area under section 169)

Question 24

What is a timber tenure system

Answer 24

refers to the collection of legislation, regulations, contractual agreements and government policies that define and constrain a person’s right to harvest the province’s timber

Question 25

What role does the timber tenure system play

Answer 25

plays a role in addressing govt objectives stated as purposes and functions in the Ministry of Forests Act
- encourages max productivity of forest and range resources
- manage protect and conserve the forest and range resources
- plane the use of forest and range resources so that the production of timber are coordinated and integrated with other ministries and the private sector
- encourage a vigorous, efficient and world competitive timber processing industry and ranching sector
- assert the financial interest of the government

Question 26

Which pieces of legislation set out the resource rights and obligations conveyed through timber tenures

Answer 26

forest act
forest practices code of BC Act (code)
FRPA
Range act

Question 27

What forms of agreements (tenures) are listed in sec. 12 of the forest act

Answer 27

forest licence (not exclusive)
- term up to 20 years, replacements for term of 15 years
timber licence (exclusive rights)
tree farm licence (exclusive rights)
- replace not later then 10 years, no earlier than 5
community forest agreement (exclusive rights)
- replaceable on 10 year schedule
FN woodland licence
- replaceable on 10 year schedule
community salvage licence
woodlot licence
- offerred a new agreement to replace old every 10 years
licence to cut
free use permit
christmas tree permit
road permit

Question 28

which three forms of agreements can be entered by a timber sale manager

Answer 28

timber sale licence (exclusive rights)
forestery licence to cut
road permit

Question 29

What was the timber tenures reallocation initiative

Answer 29

2003 - plan to revitalize BC forest economy, 20% of AAC held under replaceable licenses was reallocated to support the market pricing system (BCTS)

Question 30

How do operational plans (forest development plan or forest stewardship plan) link multiple types of legislation

Answer 30

timber sale managers or district managers may only issue the harvest authority if the block is approved under an operational plan. This provision is the critical link between the former Forest Act and the Forest Practcies Code Act of BC and the new FRPA

Question 31

Which legislation requires FSPs and Woodlot licenses to be reviewed by the public?

Answer 31

FRPA

Question 32

How much of the AAC is committed to replaceable tree farm licenses and replaceable forest licenses

Answer 32

80%

Question 33

holders of major licenses, community forest agreements, FNWLs and woodlot licences are required to do what under FRPA

Answer 33

required to fulfill certain operational planning and forest management obligations
- prepare and make available for public review FSP or woodlot licence plans (under the FSP the licensee is required to prepare site plans)
- plan for and build to access timber in the are
- carry out reforestation and stand-tending activities
- tree farm licence holders are also responsible for conducting specified resource inventories on the licence area

Question 34

When was BCTS established and what do they do

Answer 34

2003
- sells crown timber through competition to qualified individuals and corporations
- develop crown timber for auction, establish market price, apture the vaue of the timber asset for the public by selling crown timber through TSLs

Question 35

What are BCTS’ goals and objectives

Answer 35

goal: provide credible representitive price and cost benchmark data for the Market Pricing System through auctions of timber harvested from public land in BC
objectives:
- sell the full BCTS apportionment
- generate direct net revenue and indirect revenue
- continuous business improvement

Question 36

Explain Forest Act part 10 - manufacture in BC sec. 127

Answer 36

crown timber to be used in BC
- unless exempted under this part, timber that is harvested from crown land, from land granted by the government after 1906, and the wood residue from timber must be used in BC or manufactred in BC into wood products

Question 37

Name some expemptions for forest act part 10 sec. 127 (crown timber to be used in bc)

Answer 37

• timber or wood residue that is surplus to facilities in bc
• timber or wood residue that cannot be processed economically in the area where it is cut
• timber would be wasted if not exported

Question 38

What is the forest products regulation

Answer 38

defines wood products that timber must be manufactures into for the purposes of sec. 127 (b) of the forest act

Question 39

what are rangelands and how much is there in bc

Answer 39

lands suitable for grazing and browsing by wildlife and livestock (grasslands, forests, shrub-lands, alpine areas)
more than two thirds of BC’s forest land produces forage used by wildlife and livestock

Question 40

What does the range act cover in terms of livestock forage

Answer 40

covers what is required to obtain an agreement for grazing and hay cutting on crown range. agreements are of two basic types
- licenses are awarded after opportunities are advertised, applicants evaluated, for a term not less than 15 years, not more than 25, replaceable
-permits for grazing or hay cutting are awarded after opportunities are advertised and applicants evaluated, term no longer than 10years, non replaceable