Range use plans are required before those who hold tenure under the Range Act may graze livestock, cut hay or construct range developments on range land in their operating areas. The types of tenures under the Range Act include grazing licences, grazing permits, temporary grazing permits, haycutting licences and haycutting permits. The district manager may waive the requirement to prepare a range use plan, but the plan then must be prepared by the Forest Service with information supplied by the licensee.

Range use plans are intended to show how Crown land will be used for grazing, haycutting and livestock management purposes, and what measures will be taken to protect the resource area under the plan. Tenure holders may submit one of two types of range use plan according to the intended use of the land. The first type of plan is for grazing tenures under which fencing of Crown land will occur. There is a modified format of this plan that may be submitted for unfenced grazing land. The second type of range use plan is for tenures that permit the harvest of hay from Crown land. The following section briefly outlines the content requirements for both types of range use plans.

 

3.7.1 WHAT INFORMATION IS REQUIRED IN RANGE USE PLANS

The District Manager is required to provide to a person preparing a Range Use Plan information to be used in the Range Use Plan, including information regarding: 

• Range Act agreement boundaries;
• community watershed boundaries and objectives;
• known wildlife habitat areas (unless doing so would threaten wildlife) and ungulate winter ranges impacted by the range use;
• for monitoring site(s) range readiness criteria, average stubble height and browse use levels;
• known resource features, sensitive areas or plant communities if there is a significant potential for the range use to impact upon them, and strategies to minimise such impact; and 
• strategies and objectives designed to adequately manage and conserve forest resources.

This information must then be included in any Range Use Plan. Beyond these requirements, the content of a range use plan varies according to whether the plan is for a grazing tenure or haycutting tenure.

Range Use Plans for Grazing Tenures

The information required in range use plans for grazing tenures is set out in section 53.1 of the Operational Planning Regulation. In addition to the information provided by the District Manager, the Plan must include:

• measures to meet the strategies and objectives provided by the District Manager;
• measures to minimise damage to trees that are not free growing and a grazing schedule; and
• A grazing schedule includes information on the total number of animal unit months (as defined in the Range Act), livestock classes, the numbers of each class, and the period of use.

For any unfenced grazing land, a modified format of the range use plan may be submitted. As described in section 54 of the Operational Planning Regulation, this version requires only a grazing schedule that details the livestock class and number of livestock.

Range Use Plans for Hay Cutting Tenures

The information required in range use plans for haycutting tenures is set out in section 53 of the Operational Planning Regulation. It includes:

• the current and desired plant communities;
• the minimal stubble height to be maintained;
• the timing of harvest;
• the location of tenure boundaries, proposed and existing range developments, known wildlife habitat areas and ungulate winter range, and objectives and strategies for managing ungulate winter range; and,
• if required by a district manager, known sensitive areas and resource features and strategies for managing them.

 

3.7.2 PUBLIC INPUT TO RANGE USE PLANS

The opportunities for public input into range use plans most closely matches those required for forest development plans. The review and comment provisions do not, however, apply to temporary grazing permits, or minor amendments to range use plans.

There are three steps in the process of public input to range use plans.

Notice. Those preparing range use plans must place a notice in a local newspaper in a form acceptable to the district manager.

Those preparing range use plans must place a notice in a local newspaper in a form acceptable to the district manager.

Those preparing range use plans must place a notice in a local newspaper in a form acceptable to the district manager.

Review and Comment. Members of the public who are interested in or affected by proposed operations must be provided an opportunity to review the plans. The normal review period is sixty days, unless the district manager determines that a shorter period, but no less than thirty days, would be adequate.

Members of the public who are interested in or affected by proposed operations must be provided an opportunity to review the plans. The normal review period is sixty days, unless the district manager determines that a shorter period, but no less than thirty days, would be adequate.

Members of the public who are interested in or affected by proposed operations must be provided an opportunity to review the plans. The normal review period is sixty days, unless the district manager determines that a shorter period, but no less than thirty days, would be adequate.

Evaluation of Comments. Once public input has been received, the licensee is required to consider each comment, whether written or verbal, and make any revisions to the proposed range use plan that the person considers appropriate. Unlike forest development plans, there is no requirement to forward the comments to the district manager with submission of the final range use plan. Once public input has been received, the licensee is required to consider each comment, whether written or verbal, and make any revisions to the proposed range use plan that the person considers appropriate. Unlike forest development plans, there is no requirement to forward the comments to the district manager with submission of the final range use plan. Once public input has been received, the licensee is required to consider each comment, whether written or verbal, and make any revisions to the proposed range use plan that the person considers appropriate. Unlike forest development plans, there is no requirement to forward the comments to the district manager with submission of the final range use plan.

For discussion on the Ministry of Forests’ policy on consultation with First Nations, please refer to Part 3.3.8 above.

 

3.7.3 APPROVAL OF RANGE USE PLANS

Range use plans are subject to the same approval criteria as forest development plans set out in section 41(1)(a) and (b) of the Code:

• the plan or amendment was prepared and submitted in accordance with the Code, the regulations and the standards; and,
• the district manager (and designated environment official for joint approval areas), is satisfied that the plan or amendment will adequately manage and conserve the forest resources of the area to which it applies.

The 1997 Code amendment requiring that the district manager also be satisfied that the plan or amendment adequately addresses the government’s economic objectives for the area, including any economic direction for forest resources provided in a higher level plan, is not yet in force.

A district manager may approve range use plans for temporary grazing permits without any public review, as long as the plan meets all of the requirements of the Code and Regulations, and the district manager is satisfied it will adequately manage and conserve the forest resources of the area.

For Further Reference

Legislation: Forest Practices Code of British Columbia Act. RSBC 1996, c.159, ss.16, 27, 39-44.

Range Act. RSBC 1996, c.396.

Regulations: Operational Planning Regulation, BC Reg. 107/98, ss.52-58.

Range Practices Regulation. BC Reg. 177/95.

Guidebooks: Range Management Guidebook (2nd Ed). October 2000.

 

3.8 PILOT PROJECTS

In July 1999, a new Part 10.1 of the Forest Practices Code came into effect. The Code amendments authorize Cabinet to make regulations respecting pilot projects to experiment with ways to improve the regulatory framework for forest practices. For this purpose, Cabinet may exempt licensees, or in the case of the small business program, government, from the Forest Practices Code, the Forest Act, the Range Act and regulations under those Acts. Likewise, Cabinet may exercise all regulation-making powers under these Acts, including making regulations contrary to them in some circumstances, for the purpose of pilot projects. Thus, where pilot project regulations have been made, it is possible that an operational planning framework different than that set out in this Guide may be in effect.

 

3.8.1 SAFEGUARDS FOR FOREST RESOURCES AND PUBLIC OVERSIGHT

A regulation ordering that provisions of forest and range legislation do not apply in relation to a pilot project cannot be made until a number of criteria have been met. These are set out in the new section 221.1 of the Code.

Cabinet must be satisfied that the pilot:

• provides at least the equivalent projection for forest resources and resource features as provided by the Code and regulations under the Code;
• is consistent with the preamble to the Code; and,
• will provide for adequate management and conservation of forest resources.

Furthermore, regulations must be in place that:

• adequately provide for public review and comment;
• adequately provide for monitoring and evaluation criteria; and,
• provide for public access to planning documents and assessments, and records (except where this would jeopardize cultural heritage resources).

The same criteria must be met before Cabinet exercises regulation-making powers under the Forest Practices Code, the Forest Act, or the Range Act for the purposes of a pilot project.

There is also a limit on the amount of timber that can be exempted from laws and regulations through pilot projects. The new section 221.1 (4) provides:

... [a]ll pilot projects, in a forest region, must not account for more than

(a) 10% of the total of all allowable annual cuts in effect in the forest region on the coming into force of this section, and,

(b) 10% of the total of all animal unit months in effect in the forest region on the coming into force of this section.

Pilot projects may only be established in an area that is subject to a higher level plan, or in an area that is subject to a regulation made under the new section 221.1(7)(f) "for balancing competing values and interests."

Proposed pilot projects must undergo public review and comment and the proponent must submit to the Ministers a summary of the comments received and resulting actions. At the discretion of the Code Ministers, a local public advisory committee may be established to review comments from the public on the proposed pilot, to summarize these comments and actions taken to address them, or to report to the Ministers "as to the public acceptability of the proposed pilot project."

To-date, no pilot project regulations have been enacted. However, a number have been developed and are either about to be made available for public review or are being considered by government.

Part 10.1 was designed to allow licensees or government, in the case of the small business program, to experiment with forest practices and approaches to forest planning that are not possible under existing law. However, a number of aspects of the new Part 10.1 are ambiguous and very broad, and there is cause for concern that these Code amendments could result in reduced government and public oversight of forest practices.

11/19/03