Third Party: Crestbrook Forest Industries
APPEAL NO. 2000-FOR-005
The Board appealed a review panel determination concerning whether Crestbrook Forest Industries Ltd. treated an area with Armillaria (root rot) as required by its silviculture prescription. After appealing, new evidence became available to the Board which supported the position of Crestbrook, so the parties consented to the appeal being dismissed.
Appeal dismissed.
Consent Order: http://www.fac.gov.bc.ca/forestPracCode/2000for005.pdf
Third Party: Husby Group of Companies and Council of the Haida Nation
APPEAL NO. 2000-FOR-009
The Board appealed the approval of Husby’s forest development plan (FDP) on the grounds that it did not adequately manage and conserve marbled murrelet habitat. The FAC found that although proposed wildlife habitat areas were not yet legally established, the district manager still had discretion to reject cutblocks on the basis of protecting marbled murrelet habitat. In a split decision, the FAC majority upheld the approval of 46 cutblocks, but set aside the approvals of 5 cutblocks in the best murrelet habitat because harvesting would result in an unreasonable degree of risk to marbled murrelets. The FAC minority considered the approval of all 51 cutblocks to be patently unreasonable.
The Board also appealed the FDP approval on the grounds that it did not comply with watershed assessment procedure requirements. The FAC majority upheld the approval of 17 cutblocks in one area of the plan, but rescinded approval of a cutblock in another area that was not consistent with a watershed assessment. The FAC minority considered the FDP approval defective because it did not comply with watershed assessment procedure requirements and would not adequately manage and conserve forest resources.
Appeal allowed in part.
FAC Decisions:
http://www.fac.gov.bc.ca/forestPracCode/2000for009a.pdf (hearing location issue) http://www.fac.gov.bc.ca/forestPracCode/2000for009b.pdf (party/intervenor application) http://www.fac.gov.bc.ca/forestPracCode/2000for009c.pdf (watershed assessments issue) http://www.fac.gov.bc.ca/forestPracCode/2000for009d.pdf (marbled murrelet habitat issue
