Context for Objectives in FRPA Dave McBeth, RPF Land Use Specialist MFR, Operations Division HQ

1. Context for Objectives in FRPA Dave McBeth, RPF Land Use Specialist MFR, Operations Division HQ

2. FRPA Goals 1. Reduce the transactional and operational costs to industry. 2. Reduce the current Code’s administrative complexity. 3. Provide industry “freedom to manage” in delivery of defined results. 4. Maintain the current Code’s high environmental standards. 5. Continue to balance social, environmental and economic interests. 6. Maintain and enhance the level of public acceptance of forest and range management. 7. Be within the resource capacity of government. 8. Strengthen the compliance and enforcement regime. 9. Enhance industry’s global competitiveness by improving its ability to exercise government granted timber-harvesting rights on a timely, economic and environmentally sound basis. 10.Maintain and sustainably enhance the province’s timber supply.

3. FRPA Construct • Objectives help drive and determine FSP content ~results or strategies~ but are not FSP content • FSP results and strategies are required to be achieved or carried out

4. Authority for legal objectives FRPAs.1 • "objectives set by government" (OSBG) means    (a) objectives prescribed under section 149 (1), or    (b) objectives established under section 93.4 of the Land Act by the minister responsible for the administration of the Land Act • FRPA Government Actions Regulation (GAR) objectives (FRPA s.150…) • FRPA s.181 grandparented objectives (from FPC)

5. Authority for legal objectives • Land Act s.93.4 ~ Land Use Objectives Regulation: • may deal with many forest and range matters • may conflict with, (over-ride) FRPA objectives • FRPA ~ Government Actions Regulation • deals with specific matters, e.g. lakeshore mgmt zones, visual quality,  community watersheds, wildife habitat areas, ungulate winter range, fisheries sensitive watersheds. • cannot over-ride OSBG, and must follow TS impact policy • Both statutes have approval “tests” for establishment of objectives

6. May “conflict” with Hierarchy of Objectives Land Use Objectives(LA) Objectives set in Regulation (eg. FPPR) ObjectivesEnabled in Regulation(GAR) Must be consistent with

7. FSP Approval Test • FSP approval test includes that results or strategies must be consistent to the extent practicable with each and all legal objectives that pertain to the area

8. How many legal objectives are there? • As of Aug/06, RLUP/LRMPs: 16, mostly FPC - HLPs • As of Oct/06, SRMPs: 69, mostly biodiversity • One provincial old growth order (2004) • FPPR: 10; soils, water, riparian, timber, biodiversity, wildlife, community watershed, cultural heritage resources (others: range, woodlots) • GAR: VQOs, LMZs, community watershed, WHA, UWR, FSW • Grandparented objectives __?

9. 85% crown land base covered by SLUPs 26 regional, LRMPs 195 SRMPs Others…LRUPs, CLPs… Only some plan areas have legal orders/objectives Land Use Planning Picture

10. Approved SLUPs as factors FPPR schedule 1-5. • Information in government approved Land Use Plans may be used as “factors” for preparing results or strategies for land use objectives

11. Example FRPA objectives FPPR s.5 The objective set by government for soils is, without unduly reducing the supply of timber from British Columbia's forests, to conserve the productivity and the hydrologic function of soils. FPPR s.9.1 • “The objective set by government for wildlife and biodiversity at the stand level is, without unduly reducing the supply of timber from British Columbia's forests, to retain wildlife trees. “

12. Example FRPA objective FPPR s.10 • The objective set by government for cultural heritage resources is to conserve, or, if necessary, protect cultural heritage resources that are  • (a) the focus of a traditional use by an aboriginal people that is of continuing importance to that people, and  • (b) not regulated under the Heritage Conservation Act.

13. Observation • It should normally be implicit in objectives as to the “Why” they exist or otherwise identify their purpose.

14. FRPA defines what a result and strategy are • "result" means a description of (a) measurable or verifiableoutcomes in respect of a particular established objective (b) the situations or circumstances that determine where in a forest development unit the outcomes will be applied; • “strategy” means a description of • (a) measurable or verifiablesteps or practices that will be carried out in respect of a particular established objective, and • (b) similar to above

15. Example FRPA “result or strategy” (practice reqm’t FPPR s.66,67) • (1) If an agreement holder completes harvesting in one or more cutblocks during any 12 month period beginning on April 1 of any calendar year, the holder must ensure that, at the end of that 12 month period, the total area covered by wildlife tree retention areas that relate to the cutblocks is a minimum of 7% of the total area of the cutblocks   • (2) An agreement holder who harvests timber in a cutblock must ensure that, at the completion of harvesting, the total amount of wildlife tree retention areas that relates to the cutblock is a minimum of 3.5% of the cutblock.   • (3) For the purposes of subsection (1) and (2), a wildlife tree retention area may relate to more than one cutblock if all of the cutblocks that relate to the wildlife tree retention area collectively meet the applicable requirements of this section.    • An agreement holder must not harvest timber from a wildlife tree retention area unless the trees on the net area to be reforested of the cutblock to which the wildlife tree retention area relates have developed attributes that are consistent with a mature seral condition

16. Observation • The Who, What, Where, When should be in the FSP result or strategy to meet the definition of a result or strategy.

17. FPPR s.25.1 (2) • If an established objective is comprised of measurable or verifiable steps, processes or outcomes… …and the FSP restates that objective as a result or strategy • Then that R/S is to be considered to be consistent with the objective (i.e. meet the approval test) • Therefore “descriptive” objectives may be used as a licensee’s result or strategy

18. Observations • More strategic objectives work like “hooks” leaving it to licensee’s and their professionals to determine results or strategies • A compelling “trail” that leads to the place of best information that supports the strategic objective will assist in the development of good R/S’s • Higher risk issues may need more detailed objectives or “measures” • More specific objectives leave licensees and MFR DDM’s less flexibility • More detailed “SMART” objectives can work in FRPA but bypass at least some of the FRPA model

19. What does the FRPA model “expect” from legal objectives? • To be set where and when needed based on “risk” • To provide clear strategic direction • To give due consideration to FRPA goals • To ensure high level of stewardship “liability” is in hands of tenure holder and their professionals • To add value (responsible governance) • To enable future more specific actions • To allow for new improved information to enter the picture • To be supported by strong and compelling information • Allow for good results or strategies to be written

20. Anecdotes… • http://www.resultsbasedcode.ca/ • “Without clear, higher level goals and objectives, professionals often have to substitute their own opinions for value judgements that should be more properly established by public process.” (ABCFP 2002) • RBC must: “avoid specifying methods and rules except in the case of poor performers, where government should have wide flexibility to specify activities” (COFI, 2002)

21. …“it is essential that we have in place the necessary objectives at the landscape level and that they be clear, measurable and reflective of public choices.” (FPB 2002) • “We will not tell companies how to do their job; we will tell them what we expect them to achieve. Residents of this province and people around the world expect us to protect environmental values, and we will meet that expectation.” (Ministers MIchael deJong (MOFR), Joyce Murray (WLAP) 2002)

22. “Perhaps the greatest challenge presented by the FRPA is its reliance on: • the willingness of major tenure holders to assume many of the stewardship responsibilities traditionally shouldered by government officials; and • the ability of the resource management professions commonly relied upon by tenure holders to gain and maintain the confidence not only of tenure holders, but also of the public and the government ” (Roberta Reader, 2006)