Flashcards in Supply and Disposition Deck (25):
2 types of AAC's. Describe ***
Area Based: Set for management units by chief forester (TFL's TSA's) and minister (WLLs CFLs FNWLs)
Volume based: set by minister
Do first nations need to be consulted on how their aboriginal interests may be affected by AAC determinations? ***
According to the supreme court of Canada, Yes
how often must CF determine new AACs for TSA's and TFL's? ***
at least once every 10 years
can be postponed by up to 15 years if CF consioders that the new AAC will not change significantly but he/she must give written reasons.
TFL holders are to provide all info required by the CF for determining the AAC. What happens if the license holder fails to do so? ***
CF can administer a penalty in the form of AAC reductions. If info is not provided by the time required, the current AAC for the TFL is reduced by 25% on the 1st of the following year.
under what circumstance can an AAC be increased? ***
If the holder of a forest licence carries out silviculture treatments to free growing stands, as defined in the Forest and Range Practices Act , located on Crown land in the timber supply area specified in the licence, the minister may increase the allowable annual cut authorized under the licence by a volume equal to the determination by the minister of the potential gain in timber production from the Crown land attributable to the silviculture treatments.
what is an exempted licence? ***
a license with an AAC of 10,000 m3 or less
If AAC of a TSA is reduced for any reason other than a reduction in the area of land in the TSA, what must the minister do? ***
Apportion the reduction among all non-exempted licenses in the area.
In what case may the minister 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
When can the CF reduce the AAC of a TFL or replaceable license? ***
If the holder fails to harvest a portion of the AAC, the CF has the authority under the forest act to reduce the AAC by a volume equal to what was not harvested.
If the holder fails to meet partitions specified ion the license, the same thing can happen.
What is cut control? *
Tracking of actual harvest levels against license AAC's.
What are the key pieces of legislation that set out resource rights and obligations conveyed through timber tenures?
Forest Practices Code of BC Act
Forest and range practices Act
3 forms of agreement that can be entered by a TSM? ***
Forestry Licence to Cut
2 forms of agreement that are no longer issued but still active in BC? ***
Why was approximately 20% of the AAC held under replaceable licenses Reallocated to BCTS in 2003? *
To support the market pricing system, to provide for new first nations tenure opportunities, and to provide for expansion of community forest and woodlot license programs.
Name the area based tenures *
TFL's, Timber licenses (no longer issued), community forest agreements, woodlot licenses and most TSL's
Name 2 potential volume based tenures *
Forest License and some TSL's
Where does the authority to harvest come from? **
authorized by cutting permits and road permits in most cases.
Smaller agreements such as TSLs and Licence to Cut typically constitute the authority to harvest specific timber.
Which critical provision links the Forest Act, the Forest Practices Code Act, and the new Forest and Range practices Act? ***
The TSM's and DM's may only issue the harvest authority if the block is approved for harvest under an operational plan such as an FDP or FSP
How are the public involved in timber disposition?
Licensees are obligated to explicitly take public comments into account when formulating their forestry activities.
Before any tenure is issued or admin decision is made, all reasonable steps must be made to do what? (regarding FN) *
1. ID potentially affected First Nations groups
2. Provide First Nations with all relevant and reasonably available info regarding proposed harvesting or management
3. Request info that would assist in the identification of, as well as provide a basis for any claims of aboriginal interest.
4. Consider and address that info in relation to the potential for infringement of aboriginal interests by forest decisions.
What is the typical replacement term for Tree farm licenses, Forest Licenses and Woodlot Licenses? What happens if replacement offer is declined? ***
if declined, tenure runs its term and expires.
Which tenures terms can be up to 99 years? ***
CFL's and FNWL's
What tenures comprise the other 80% of the AAC? **
Replaceable tree farm licenses and Replaceable forest licenses. Most of these originating in the 1950's.
What is the majority of the volume available for new tenures sold in the form of? **
Short term non replaceable TSL's or non replaceable FL's