Forest Act Bulletin

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Forest Act Bulletin

Number 9 November 26, 2001

Mountain Pine Beetle Management Strategy
Crediting Volumes of Purchased Timber Harvested from Beetle Infested Stands for Purposes of
Cut Control Administration

Purpose

Under the Central BC Mountain Pine Beetle Action Plan, one of the strategies is to provide for cut control flexibility so that purchases of beetle infested timber by a licensee can be accounted for in cut control administration. This bulletin presents one of two approaches. Bulletin No. #10 addresses relief from cut control penalties offered to accommodate such practice within the current legislative framework.

This bulletin describes the interpretation of Section 53 (1.1)(d) of the Forest Act (Act) which authorizes the ministry to credit a licensee’s purchases of timber from beetle infested stands of timber as part of the "volume of timber harvested during a calendar year".

Definitions

“Eligible sources” means those sources identified by the district manager or regional manager from which purchases of timber volumes may be credited to a licence held by the purchaser.

“Purchased timber volumes” means timber from beetle infested stands that was purchased by a licensee.

Authority

Under authority of Section 53(1.1)(d) of the Act, the regional manager or the districtmanager may, upon application of a licensee, credit purchased timber volumes to a licence.

Credited volumes forms an integral part of the "volume of timber harvested during a calendar year" which is used:

§  to determine compliance with minimum and maximum harvest levels (annual and periodic requirements), and

§  to administer under-cut and over-cut carry forward (periodic requirement).

Guiding Principles

The use of this section:

·  must be based on sound forest management objectives for the area, and

·  should be based on a joint beetle management plan or strategy agreed to by the regional manager and the licensee.

It should not be used to enable a licensee to circumvent cut control requirements where a licensee may not be able to comply with cut control requirements due to operational matters other than beetle management.

Application

The licensee must apply to the regional manager or district manager to have purchased timber credited as part of the volume of timber harvested during a calendar year. The application should include the following:

·  the volume of purchased timber;

·  the origin of the purchased timber;

·  confirmation the timber is from eligible beetle infested timber stands; and

·  bill of sale for the purchased timber.

If the regional manager or district manager approves the application, the regionalmanager or district manager will issue a statement advising the licensee of the amount of the purchased volume to be credited in that calendar year. The decision of the regional manager or district manager should not be subsequently adjusted except for administrative errors.

Eligible sources of purchased timber include purchase of timber from both Crown lands and private lands including:

·  woodlot licences,

·  timber sales licences, and

·  private land, including Indian reserve lands.

The regional manager or district manager may wish to identify eligible sources by:

·  identifying the timber as being an eligible source in the advertisement of SBFEP licences aimed at the harvest of beetle infested stands, or

·  notifying licensees that timber originating from an Emergency Mountain Pine Beetle Management Zone may be applied for as credit under Section 53 (1.1) of the Act.

The administration of the licence that authorized the harvest of the timber is not affected by the purchase of the timber volumes from that licence. That is, if the purchased timber volumes were harvested under the authority of a licence issued under the Forest Act, the purchased timber:

·  is charged to the licensee (company that harvested the timber), and

·  is credited to licence held by the purchaser.

Decision

Decision to credit purchased timber volumes, as part of a licence harvest is discretionary in nature unless the DM has previously identified both the Eligible Volumes and EligibleLicences for which application is received.

References

Forest Act:

·  Section 53 Interpretation and Application

·  Section 64 Cut Control

·  Section 66 Inadequate Volume

Bulletin No. 2 -Authorizations and Cut Control Exemptions for Harvesting Timber in Imminent Danger of Being Lost or Destroyed

Bulletin No. 10 - Relief from Cut Control Penalties Where a Licensee Purchases Timber from Beetle Infested Stands

Contact

Resource Tenures and Engineering Branch

Jacques Bousquet (250) 387-8303

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