Smart Centre Judicial Review – March 19-23

There will be a Judicial Review coming up in the BC Supreme Court in March. involving Smart Centres and the City of Salmon Arm, from March 19th to 23rd. The Judicial Review has been brought forward by the Neskonlith Indian Band (NIB) because of a lack of consultation over the development of the SmartCentres shopping centre.

In a Judicial Review, a judge is asked to set aside a decision made by a government body – in this case, the City’s decision to grant SmartCentres a Development Permit. The NIB has stated repeatedly that they were not adequately consulted about the impact of this development on their adjacent land, most particularly with respect to flooding. No penalty or money is sought – simply a reconsideration, and a turning back, of the City’s decision.

A copy of the Neskonlith petition is available here that provides and in-depth understanding of the issues – Supreme Court Petition (#10285)

For a history of the issue visit: wa-ter.ca

Neglect – The latest crisis in B.C.’s forests

Neglect – The latest crisis in B.C.’s forests

Forthcoming in the March-April 2012 Watershed Sentinel

by Jim Cooperman

In 1985, the rapidly growing amount of not-satisfactorily-restocked (NSR) land in BC forests became a crisis. This resulted in a joint provincial and federal $300-million funding plan, the Forest Resource Development Agreement (FRDA) that restocked many thousands of hectares.

A similar crisis is again occurring in BC’s forests, but this time the cause is not logging by irresponsible forest companies. Instead, the massive amount of NSR land is a result of climate-change fueled fires, diseases and beetle kill. Government policies that have stripped the ministry of employees, ended adequate inventory efforts, and handed forest management over to the corporations have exacerbated the problems.

Red flags about the status of BC’s non-stocked forestlands were first raised in 2010 only to be countered by assurances by the government that everything was under control. In an editorial, a retired forester and former senior professional with the forest ministry, Anthony Britneff, declared that, due to the lack of treatments of beetle and fire ravaged forests, the not stocked land (gross NSR) could well total some nine million hectares of which two million would be economic and feasible to plant. Since then, the government and its critics have countered and re-countered with different numbers representing different types of NSR, anywhere from the government’s initial claim of 240,000 hectares to the nine million.

The issue is complicated by the fact that there are two types of NSR land: a total not stocked area (gross NSR) and a netted-down NSR (net NSR). Net NSR includes all areas harvested by the forest industry with the exception of some small-scale salvage operations plus the area of forestland disturbed by fire and pests that the ministry deems feasible and economic to plant.  In June 2010, the Forest Practices Board (FPB) entered the fray and published a backgrounder that provided some insight into the controversy. Such as how the provincial government in 2002 removed the legal obligation for the crown to replant areas denuded by natural disturbances. Government also removed the statutory requirement for the ministry to conduct and maintain a forest inventory.

Fast-forward to early February 2012 and the debate over the NSR numbers continued at the Western Silviculture Conference. Marvin Eng, a former Ministry research ecologist who is now with the FPB, provided a report about his project on the issue. Although he conceded that the amount of net NSR might be approximately 2-million hectares, he insisted the real issue is not the actual number, but what the public expects from its forests.

BC Auditor General

On February 16, the BC Auditor General released a bombshell report that sharply criticized the government’s forest policies, lack of direction, and inability to adequately manage the forests.  The report concluded that the ministry has not clearly defined its timber objectives, management practices are insufficient to offset a reduction in timber supply and species diversity, and the ministry is not appropriately monitoring and reporting results in relation to its objectives.

Within the report are some key observations, along with more critical analysis and six persuasive recommendations. The primary focus is on the part of the land base that the government is responsible for, which totals 89 percent of the 22-million hectare timber land base. While industry remains responsible to return logged areas to “free growing” status, the government is under no obligation to ensure that areas denuded by fires and pests are reforested, including the growing number of plantations also denuded by disturbances.

The report notes that the ministry’s own evaluations indicate a decline in forest diversity resulting from industry’s reforestation efforts and a growing not stocked area being left to regenerate naturally.  Thus, the report recommends the ministry develop an effective forest stewardship plan to guide decision-making with time frames and proper assessments.

Out of the 17.5 million hectares impacted by the beetles, some 10 million hectares are within the 22-million hectare timber land base along with a sizable percentage of the 760,000 hectares of forests burned by wildfire during the last five years. The report identifies as much as 1.1 million hectares of forest that has the potential for planting and yet the government silviculture efforts have averaged only 8,730 hectares per year, despite a plan to plant 22,000 hectares. Consequently, the report recommends the ministry ensure its investments are sufficient to achieve long-term objectives.

While the report credits industry for meeting its silvicultural obligations, unlike the government, it finds fault in its practice of planting lower-value species (predominately lodgepole pine) that results in monocultures and the loss of forest diversity.  Perhaps the greatest problem identified by the Auditor General is that the ministry lacks the information it needs to properly manage the forests. The inventory is woefully inadequate and what research does exist shows a high rate of damage in the plantations. There is a growing disparity between forest cover information and actual forest conditions, growth rate, and density.

Forest Practices Board

Among the many problems identified in the report is information from the Forest Practices Board that shows weaknesses in the industry’s forest stewardship plans including vague and non-measurable commitments. As well, the ministry’s compliance and enforcement efforts show a large decline in inspections, with the number dropping by half within the last decade. And these inspections are deemed by the report to be insufficient to ensure that industry is actually complying with the few rules that still exist.

As the problems multiply, the public is increasing left in the dark as to what is happening in its forests. The report notes how the latest “State of B.C.’s Forests” report and the annual service plan reports lack sufficient assessment or interpretation to effectively assess the results or make them meaningful.  As a result the public has no way of even knowing if the forests are increasing or decreasing in terms of volume, value, or species diversity. Obviously, the report recommends that the ministry develop and implement appropriate performance measures and report these publicly.

Included within the Auditor General’s report is the response from the Ministry of Forests, Lands and Natural Resource to each of the six recommendations. Typically, the ministry responded with assurances that its policies and activities sufficiently address the long list of concerns and the recommendations, and it promised to continue with efforts it sees as adequate. For some of the glaring deficiencies, such as the inadequate stocking standards and public reporting, the ministry promised to review these issues.

In response to the concern about the inadequate amount of re-planting, needed for growing number of beetle and fire denuded hectares, the ministry responded with a promise to plant a large number of seedlings, as if readers might be persuaded that it was looking after the land base. In reality the proposed 20-million seedlings per year only amounts to nearly 12,000 hectares and at that rate it would take close to 100 years to reforest just the lower estimate of net NSR arising from fire and pests.

Association of BC Forestry Professionals

On February 20, the Association of BC Forestry Professionals added more fuel to the growing crisis fire by releasing a report about grossly out-of-date forest inventories. The foresters, normally a very cautious group as most of them either work for industry or government, point out that the budget staffing for inventory has been nearly cut in half, while the need has increased on an “unprecedented scale” due to the impacts from wildfire, disease and insect pests.

The report was reluctant to determine whether or not the inventory is sufficient “for the Chief Forester’s mandate of sustainable forest management (SFM) at the provincial level.” Curiously both the Association and the Auditor General provide no definition of what SFM means. Instead, the foresters believe a more comprehensive review is needed.

While the focus of this current crisis is on timber values with the rapidly growing amount of NSR land and inadequate inventory, it is important to understand that the solution should not always be to mow down what is left in the beetle-killed forests with huge machines and replant with single species. Many areas now denuded are indeed recovering naturally and sometimes replanting can cause more problems than if the land was just left to recover on its own. And if maximizing timber requires the spraying of herbicides, the solution is definitely worse than what nature can do. The key is to maintain a continuous inventory that keeps track of the ratio between growth and depletion, which should be greater than one, and to make decisions about restoration that best protect all forest values.

Secondary Stand Structure

In a 2009 study, four government ecologists point out that in 31 to 68 per cent of damaged pine forests, the secondary stand structure is equivalent or better than a 20-year old pine plantation. Yet, some of these areas are being logged for minimal volumes of lumber and to produce wood pellets. Leaving these areas to recover naturally not only makes sense from a timber perspective, but would also help with the hydrological recovery.

All this troubling news certainly comes as no surprise for the environmental community. When the last decade began, many of us believed that the previous forest practices code was inadequate, that biodiversity was increasingly at risk, that old growth forests and watersheds were not adequately protected and that overcutting was threatening all key non-timber values. So when the Liberal government took over and handed management over to industry, while continuing to reduce staffing levels and public input; most of us basically gave up trying to improve forestry or protect forest values. And despite the government’s half-baked promises, the gutting continues as the latest budget includes a $20-million cut for forest health.

Now the truth is coming out about how ten years of mismanagement and sympathetic administration when combined with the impacts of climate change are taking their toll. While we could smugly say, “we told you so,” a more appropriate response would be to help, get involved in finding solutions, and work to ensure that forestry becomes an election issue. We need to elect a government that is once again willing to work with the environmental community.

[Many thanks to Anthony Britneff and Ray Travers for their assistance with this article.]

Jim Cooperman was Editor of the B.C. Environmental Report from 1990 to 2000 and coordinated the BCEN Forest Caucus. He now serves as president of the Shuswap Environmental Action Society and writes a bi-monthly column on geography. Learn more from his blog site, www.shuswappassion.ca.

Resources

FPB NSR Backgrounder. (Access this by google: “A backgrounder on NSR”)

Clarifying the Status and Implications of Not Satisfactorily Re-stocked Forest in BC, September 2011. 

Auditor General’s Report 11: An Audit of the Ministry of Forests, Lands and Natural Resources’ Management of Timber, February 2012

 Association of BC Forest Professionals Inventory Report: Assessment of the Status of Forest Inventories in British Columbia: An Update to the 2006 ABCFP Review, December 2011

 Abundance of secondary structure in lodgepole pine stands affected by the mountain pine beetle in the Cariboo–Chilcotin, Coates et al, Natural Resources Canada, 2009.  Also: www.for.gov.bc.ca/hfp/mountain_pine_beetle/stewardship/report.pdf, 2006)

Defining the NSR in BC, Anthony Britneff

The Tar Sands and Gateway Pipeline – A Public Forum – Feb. 29th

Media Release

The Tar Sands and Gateway Pipeline – A Public Forum – Feb. 29th

One of the most controversial issues currently facing British Columbia is the proposed ll77 kilometre long Enbridge Gateway pipeline from the Alberta tar sands to the west coast port of Kitimat, which poses threats to our pristine salmon streams, forest ecosystems, spirit bears, and fragile coastline. As well, many experts are pointing out that the pipeline does not make good economic sense, as it takes three to six times the amount of energy to produce a barrel of bitumen oil than it does to produce a barrel of conventional oil.

In order to raise awareness of the tar pipeline issue in our community, three local organizations, KAIROS Salmon Arm, the  Okanagan Shuswap NDP, and the Shuswap Environmental Action Society (SEAS) are sponsoring a public forum at 7 pm on February 29th at the First United Church Hall, 450 Okanagan Ave. in Salmon Arm.

“The tar sands are a monumental environmental disaster that are spewing massive amounts of pollution into the air and water and are rapidly increasing Canada’s CO2 emissions. Expanding this development will only exacerbate the problems,” said Jim Cooperman, SEAS president and one of the event organizers. “We will be showing a number of videos about the pipelines and the tar sands. Plus there will be a power point presentation and time for discussion,” added Cooperman.

“The pipeline poses major threats to northern First Nations communities, as well as to the livelihoods of all those who depend on clean water and healthy ecosystems. It is no wonder that every B.C. First Nation is opposed to the pipeline,” said Anne Morris of KAIROS Salmon Arm, a church-based organization that works on environmental and social justice issues.

“In fact, 130 First Nations chiefs recently signed the Fraser Declaration opposing the pipeline. As well, the Union of BC Municipalities passed two resolutions at its 2011 convention opposing tanker traffic on the West Coast and the proposed pipeline. There is a growing awareness that B.C. would have to absorb all the environmental risks of this project, including jeopardizing its fishery and tourism industries,” added Morris.

“The project does not meet the criteria for sustainable development,“ declared Nick Hodge, president of the Okanagan Shuswap NDP Riding Association. “Subsidies which now support oil sands development should be redirected.”  Hodge added that the Alberta Federation of Labour opposes the pipeline project and told the review panel, “The Northern Gateway Pipeline is not in the public interest because it would result in the loss of tens of thousands of potential jobs in upgrading, refining and petro-chemical production.”  And former ICBC CEO, Robyn Allen warned in a recent report that completion of the pipeline would result in higher fuel costs to Canadians and that “it represents a windfall of economic benefit to oil producers without addressing the costs to Canadians.”

“The recent attempt by the Harper government to label those opposed to the pipeline as American-funded, radical traitors has backfired, as many people see this misguided effort as a devious way to hide the fact that the proposed project is being funded through hundreds of millions of dollars by foreign oil companies, including the massive Chinese Sinopec oil company,” added Cooperman.

Organizers of the forum are pleased to bring this information to the residents of the Shuswap. Everyone is welcome to attend this free event.

For more information, contact:

Anne Morris, KAIROS Salmon Arm, 833-5773

Jim Cooperman, SEAS, 679-3693

Nick Hodge, Okanagan Shuswap NDP, 542-4048

Suncor Syncrude Refinery adjacent to the Alberta Tar Sands – a source of massive pollution that uses huge amounts of fresh water

 

 

 

 

Bitumen is very corrosive and the pipelines are very susceptible to leaks and leak often

 

 

 

Just say no to huge oil tankers like this in the treacherous waters of B.C.’s coast, where it would not be a question of if, but a only a question of when there would be a massive spill

Joel Plaskett Emergency Benefit Concert, April 15th

Mark your calendars for Sunday, April 15th. Joel Plaskett Emergency will
play at the Salmar Classic at 7:30 pm (doors open at 6:30) as a benefit
concert for the Shuswap Environmental Action Society.

Joel is one of Canada’s foremost Indie folk-rock Super Stars and he is on
the Scrappy Happiness tour across Canada. This will be Joel’s first
concert with his band in the southern interior of British Columbia. Joel
Plaskett has won many awards, including a Juno and he is the first
musicians to be heard over one million times on the CBC 3 website.

Please help by spreading the word to all of your friends.

By filling the theatre, SEAS can raise thousands of dollars and the goal
for much of this money will be to promote the acquisition of the former Cottonwoods Campground, near the Adams River, where there is now a failed, controversial RV development.

You can also go to this Facebook event site and register your plans:
http://www.facebook.com/events/224239234330965/

Advance tickets are $25 and are available at Acorn Music, 122 Lakeshore Dr
NE  Salmon Arm, (250) 832-8669 Tickets at the door will be $30

Tickets also available online from Ticket Break at this link:
www.ticketbreak.com/event_details/4905

The best place to listen to Joel’s music is here:
http://radio3.cbc.ca/#/artists/Joel-Plaskett

Learn more about the Joel Plaskett Emergency from his website:
http://www.joelplaskett.com/

This concert would not be possible without the generous support from these
local sponsors: Askews, Salmon Arm Observer, Travelodge Salmon Arm, Barley
Station Brew Pub, Mediability, Acorn Music, and Earthtone Studios. If any
of you are interested in joining this list, please let us know!