To: Planning Committee

From: Administration

Date: February 21,2017

Re: Kalum Sustainable Resource Management Plan Amendments

This is a request for comment from the Ministry of Forests, Lands, Natural Resource Operations (FLNRO) regarding draft amendments to the Kalum Sustainable Resource Management Plan (SRMP), 2006. The draft amendments are in the public review stage. Information and location maps are attached.

Review

FLNRO is proposing three amendments to the Kalum SRMP. Two amendments apply to portions of the SRMP area. The SRMP area contains smaller sub-areas called orders and two of these orders, the Kiteen and Skeena Islands, have proposed changes to their Land Use Objectives Regulations. The third amendment covers the entire Kalum SRMP and is to do with establishing a new Environmental Protection and Management Regulation (EPMR) Order.

Firstly, the Kiteen portion of the SRMP has some technical changes to its Ecosystem Network found in the Land Use Objectives Regulation such as items that were overlooked in the original Land Use Objective Regulation. The amendment is attached for reference.

Secondly, the Skeena Islands portion of the SRMP has a change to its Land Use Objective Regulation. Objective 10, to do with the conservation of rare plant communities, is being amended. This amendment is attached for reference.

Thirdly, there are changes to how Old Growth Management Areas are protected in regards to oil and gas activities. Currently, how Old Growth Management Areas are regulated is governed by a Land Use Objectives Regulation for the purposes of the Forest and Range Practices Act. This means the regulation is not binding for any ot~er types of activities besides forestry (i.e. mining, oil and gas, independent power projects). By creating a new EPMR under the Oil and Gas Activities Act which applies to the Kalum SRMP area, the regulation becomes legally binding to oil and gas activities. The new legislation essentially states that no oil and gas activities may occur within Old Growth Management Areas unless an operating area will not have a material adverse effect on the old growth forest. ·

Overall, the first two changes do not appear to be controversial and are more to refine existing data. The last change, creating a new EPMR, adds protection to Old Growth Management Areas as they currently do not have protection from oil and gas activities in the Kalum SRMP boundaries. Regional District interests appear to be unaffected by the proposed changes.

Administration encourages stakeholders to comment on the proposed amendments. Instructions on how to submit public comment on the proposed changes can be found at https://www.for.gov.bc.ca/tasb/SLRP/KalumSRMP.html. The comment period ends February 281

h 2017.

Recommendation

That Administration prepares a letter responding to the subject referral, proposed amendments to the Kalum SRMP, citing no objections to the proposed amendments to the Kalum SRMP and requesting stakeholders are provided opportunity to comment including consulting appropriate First Nations.

Recommended Voting Structure: Electoral Area Directors

Prepared by/contact: Holly Adams Approved by Manager- Development Services

November 23,2016

City of Terrace Regional District of Kitimat-Stikine MLA- Robin Austin

Dear Local Govel'nment,

BRITISH COLUMBIA

File Number: 17730-25/KAL

Re: Amendments to Kalum SRMP Order and new Old Growth Management Order for oil and gas activities

This note· is to inform you about three processes being undertaken by the Ministry of Forests, Lands and Natural Resource Operations within the Kalum Sustainable Resource Management Plan (SRMP) area.

These processes are:

1. An amendment to the 2006 Land Use Objectives Regulation (LUOR) Order within the Kiteen portion of the Kalum SRMP area. The Kiteen encompasses approximately 26,880 hectares within Tree Farm Licence 1;

2. An amendment to Objective 10 of the 2006 Land Use Objectives Regulation (LUOR) Order for the Skeena Islands portion of the Kalum SRMP area; and

3. A new Environmental Protection and Management Regulation (EPMR) Order establishing legal requirements for oil and gas development respecting Old Growth Management Areas (OGMAs) across the entire Kalum SRMP area. These OGMAs are identical to those previously established through the 2006 LUOR Order and subsequent amendments.

Once the amendments to the LUOR Orders have been legally established, all major forest license holders operating in the area will be required to write results or strategies to meet the new objectives in the Order within one year, pursuant to Section 93.4 of the Land Act for the purposes of the Forest and Range Practices Act (FRP A).

The new EPMR Order will designate Old Growth Management Areas under authority of the Oil and Gas Activities Act. Once this order is approved, operating areas associated with oil and gas activities cannot be located within an OGMA, unless an operating area will not have a material adverse effect on the old growth forest for which the OGMA was established.

Ministry of Forests, Lands and Natural Resource Operations

Skeena Region Mailing Address: Bag 5000 Smithers BC VOJ 2NO

Location: 3726 Alfred Avenue Smithers BC VOJ 2NO Tel: 250 847-7260 Fax: 250 847-7728 Toll-free 1-800-663-7867

OGMA designations made under the Land Act for the purposes of FRP A apply to forest and range activities occurring on Crown land, while OGMA designations made under the EPMR are considered by the Oil and Gas Commission among the suite of Government's Environmental Objectives1 when adjudicating oil and gas activity permits.

Specifically, the following objective with respect to old growth forests is prescribed for the purposes ofthe definition of "Government's Environmental Objectives" in section 1(2) of the Oil and Gas Activities Act:

• that operating areas not be located within an Old Growth Management Area,

unless an operating area will not have a material . adverse effect on the old

growth forest for which the OGMA was established.

Note that the new OGMA designation under the EPMR will not apply retroactively to permits in place prior to the Order being approved.

The proposed orders, maps, and associated data can be obtained from: www.for.gov .bc.ca/tasb/SLRP/KalumSRMP.html

Please provide any comments to me in writing by February 28, 2017. A decision on the orders is expected to be made shortly thereafter.

Sincerely,

.£at.vta 9JCJ.l6Wi, RPF I Land and Resource Specialist I

Skeena Region 3726 Alfred Avenue, Bag 5000, Smithers BC VOJ 2NO Tel 250.847.7758 I Fax 250.847.7728 Toll-free: Victoria 250.387.6121 I Vancouver 604.660.24211 Rest of BC 1.800.663.7867

1 Government's Environmental Objectives are defined in OGAA as "the prescribed objectives of the government respecting the protection and effective management of the environment."

Schedule Fl Rationale for Amending the Ecosystem Network

Acceptable Rationale for Amendment Major or Minor Amendment Allowable Amendment

(see Defmitions Section)

1. Access issues that were overlooked Minor • To establish an or unknown during the initial appropriate road width Ecosystem Network delineation, through the Ecosystem where no practicable altemative Network exists (refer to Objective 17).

""

2. To account for cut blocks in place Minor • To the edge of the cut prior to the establishment of the block, temporarily, to Ecosystem Network, including allow timber harvest. those: '", . Retum to original • approved under section 196(1) of location following

the Forest and Range Practices completion of timber Act; harvest and silvicultural

• as declared areas under section 14(4) of the Forest Planning and

responsibilities .

Practices Regulation; or ' • that have a cutting permit in place "• \ \

3. To address a compelling forest \" \ Minor • To the extent necessary health issue (e.g. a forest pest or to eliminate the threat disease is established in the to the land and water Ecosystem Network l:).nd spreads tq adjacent to the the point where it threate"ns adja~ent Ecosystem Network values and resources outside the Ecosystem Network).

'' \

4. New data and information such _as Major for the following rivers: • To improve the degree ground truthing of the to which the Ecosystem hydroriparian zone, newreso-urce Network captures inventories, First Nations cultural values for First sites and updated wildlife • Nass River mainstem Nations, provides mapping. N6twithstanding the_ • Cranberry River mainstem habitat for wildlife, or exceptions detailed under itejlls 1 • Kiteen River mainstem generally benefits to 3 above, in no case wiU.the · biodiversity. Ecosystem Network be smaller • To increase the than the hydroriparian zone. Minor for all other portions of accuracy of the

the Ecosystem Network Ecosystem Network in te1ms of how it maps the hydroriparian zone.

Ministry of Forests, Lands and Natural Resource Operations Page 18

Schedule A- Order Area

D ra go n L

Legend

8oundaM§

(QJ O",j.;or!f.;-,,

t:l ! flf ..... ~8CI"JIY.ll•~

8ateM~plng

" '-... Road

~ R .... ~l .[, ... , MI'IJ) !><'.AU,: = 1:1:"10.000

I • 1\? <:;.~ ., ~ \

KALUM SRMP

r '?- • , Schedule A- Order Area (K1teen)

v. \ '

'. Cnn•hrl'l;y

SllMJ>

Note:The information shown on this map is ll representation of a spatial dataset and may not portray U1e full visual detail of the data.

Please refer to the spatial dataset on the BC Geogrophic W""'house o~.t.VJprl b:its~ J . ...,N...ledl;,:.n.'f';~ ~,.,f,• s

P.-t;!u,.~{f\'ti41.•.JT r:(l('~J}t>.U.l l!(t)

Ministry afForests, Lands and Natural Resource Operations Page 9 ·

1)

2)

3)

2.0

Ministry of Forests, Lands and Natural Resource Operations

Ministerial Order to Amend Objective 10

KALUM SUSTAINABLE RESOURCE MANAGEMENT PLAN Version 2.4

Resource Management Plan (200

applies to the provincial 6 attached Map 6.

6 ana the spatial information on a ehouse, the spatial information

A. Rare plant community complex -:- means an area supporting a rare plant community and the nearby representation of the range of successional stages and vegetation. A rare plant community is a high bench Sitka Spruce­Salmonberry (CWHws1/07, CWHvml/09) and middle bench Black Cottonwood-Red-osier Dogwood (CWHws1/08, CWHvml/10).

Part 2 -Objectives

Objective 10:

Conserve rare plant community complexes on the Skeena Islands identified on Map 6, according to a), b), c) and d):

(a) Within the High Conservation Areas1, retain 100% ofthe Crown forested land.

(b) Outside the High Conservation Areas, retain a fore harvest-free 50-metre buffer around all back channels.

· (c) Outside the High Conservation Areas, retain around coniferous stumps, logs, and snags gre~e1;',:fllat'rt" "'· '·"'··A~ in diameter and around live coniferous trees greater than 50 em in diamet~

conserve rare plant -~~~,.,, • ..,~ within the High

1 For the area identified as "Salvus", government-led research activities, including harvesting for research purposes, is allowed.

2

Kalum Sustainable Resource Management Plan Map 6 - Skeena Islands ·

Scale: 1:135,000

PROVINCE OF BRITISH COLUMBIA

ORDER OF THE MINISTER OF

FORESTS, LANDS AND NATURAL RESOURCE OPERATIONS

Ministerial Order No. ___ _

This order is given under the authority of Section 32 of the Environmental Protection and Management

Regulation (B.C. Reg. 200/2010} under the Oil and Gas Activities Act.

1. I, Steve Thomson, Minister of Forests, Lands and Natural Resource Operations, being

satisfied that the areas meet the purposes of providing old sera I stage forest representation,

order that the areas contained in the attached Schedule A map are established as Old

Growth Management Areas for the purposes of the Environmental Protection and

Management Regulation.

Minister of Forests, Lands and Natural

Resource Operations (or Minister's Delegate}

Printed Name and Title (if minister's Delegate}

Date

(This part is for administrative purposes only and is not part of the Order} Authority under which Order is made: Regulation and section: Environmental Prqtection and Management Regulation, s. 32

,0. Integrated land Ll ' ' Management Bureau l<l II

~- ..

N

+

Legend

t:J Kalum SR~P Area I EcOlogical Reserve Park I Protected Area

- Indian Reserve I (Crown or private) Surveyed Parce s

Waterbody ·

- Road (paved or gravel)

- River or Stream or Lake