Audit of Forest Legislation Enforcement in the Columbia Forest District
The Forest Practices Board has audited the appropriateness of government’s enforcement of the provisions of the Forest and Range Practices Act and the Wildfire Act, in the Columbia Forest District in southeastern British Columbia.
The Board commends the Ministry of Forests and Range staff in the district for their good compliance and enforcement (C&E) practices during the audit period. They completed a large number of inspections, demonstrating that they were out on the ground, extensively monitoring forest activities. They also conducted numerous investigations and took appropriate enforcement actions when problems were identified. When interviewed, licensees in the district reported that compliance monitoring and enforcement practices were conducted fairly during the two-year audit period. Overall, the investigation found no C&E weaknesses of concern in the district.
BCTS Cutblocks in Slocan Park
BCTS Cutblocks in Slocan Park
A group of residents of Slocan Park submitted a complaint about a British Columbia Timber Sales (BCTS) timber licence regarding harvest and harvest plans for four cutblocks in Slocan Park. The complainants were concerned that BCTS had not consulted with them effectively and that BCTS would not monitor road building and harvesting. As well, among their many other concerns, the complainants were worried that harvest would impact water supply, terrain stability, visual quality and fire risk.
The Board investigation considered the following:
- Did BCTS provide an effective opportunity for review and comment on the proposed cutblocks?
- Were assessments and subsequent prescribed measures reasonable?
- Will there be an unacceptable increase in fire risk?
- What is being done to ensure compliance with legislation and to mitigate impacts?
Range Planning under the Forest and Range Practices Act
In British Columbia, use of Crown range is regulated by the Range Act and the Forest and Range Practices Act (FRPA). The Range Act provides the authority to grant range agreements, including permits and licences. These agreements include things like the tenure area and the amount of forage that can be consumed by livestock on Crown land. Similar to the former Forest Practices Code, FRPA provides the necessary authority for government to manage the Crown land resource. This includes authority to require the agreement holder to prepare a range plan and follow practice requirements.
The investigation found that the current framework for range planning under FRPA is not working well for agreement holders, MFR range staff or for management of the range resource. First, there is widespread uncertainty about what the objectives for range mean and what is required to achieve them. Second, agreement holders are expected to write measurable and enforceable plans, yet may not have the necessary qualifications and experience to do so. Finally, the preparation and approval of RUPs is a time consuming and challenging task for agreement holders and the MFR, and it is not clear if range planning is achieving any measurable benefit in managing the range resource.
Cattle Grazing on the Overton-Moody Range Unit
This investigation is about cattle grazing on the Overton-Moody Range Unit near Grand Forks. The complainant asserts that the range licensee did not move its cattle according to its range use plan (RUP); that there was over-grazing, over-browsing and streamside damage; that a salt block was misplaced; that some fences were not maintained; and that government management was insufficient.
The Board found that the licensee moved its cattle on time, but because of inadequate fencing and public tampering, about 20 head of cattle periodically returned to one pasture for weeks after their scheduled removal date.
Cattle Grazing on the Overton-Moody Range Unit
Forest Management and Domestic Water Use near Princess Creek
Road Construction and Harvesting in a Woodlot near Carter Creek
On October 6, 2008, the Concerned Carter Creek Water Users submitted a complaint about proposed forest development on Woodlot 491, located near Argenta in the Kootenay Lake Forest District. WL 491 includes a portion of the Carter Creek watershed.
The complainant asserted that effective communication between the water users, the woodlot licensee and the Ministry of Forests and Range had broken down and, despite a request to the licensee to do so, the licensee did not notify the complainant of the application or issuance of a road permit for the woodlot. The complainant also believes that the licensee did not adequately consider professional assessments when planning its forestry activities, specifically the potential impact of road construction and harvesting on the hydrology of the Carter Creek watershed.
