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© The Forest Practices Code, establishing into law in 1995, is a complete set of laws, regulations and guidelines for al-

most every aspect of forest planning, road construction, log transportation and timber harvesting.

Audit of Forest Practices Code shows mixed results, small business as major violator

By Kim Pollock

Director of Environment & Land-Use, I.W.A. CANADA.

British Columbia's forest companies are adapting well to the province’s Forest Practices Code, says the B.C. forest ministry.

In the first full year of the Code, ac- cording to a recent report by the min- istry’s Enforcement Branch, forest li- censees achieved over 90 percent compliance with the massive and com- plex new forest management law.

That’s based on over 31,000 sched- uled and unscheduled inspections of forest operations by Forest Service staff; of these, over 29,000 found com- pliance, while 975 inspections found

1128 cases of potential contravention needing further investigation and 1119 found 1557 problems that were docu- mented and dealt with in the field.

Of these, 691 were still under inves- tigation when the report was filed in June, 1996, while 437 contraventions of the rules were confirmed, resulting in 404 formal decisions.

Among major operators, the most impressive record of compliance be- longs to Canadian Forest Products Ltd., cited for four violations while harvesting over nearly 4.8 million cu- bic metres of timber between June, 1995, and June, 1996. This was not a result of neglect by the inspectors, ei- ther: Canfor was the most investigated licensee in the province, with a total of 1837 inspections.

Weldwood of Canada Ltd. also ap- pears to have conformed well to the new rules: it was brought to book

e Faller at Weldwood's Clowholm Divi- son. Weldwood had one of the better records with the Code.

twice in the process of harvesting 1.75 million cubic metres. Weyerhaeuser Canada Ltd. had two violations over 1.6 million cubic metres; Timbernorth collected two in the course of bringing in 1.4 million cubic metres and Finlay Forest Industries was cited twice, har- vesting 1.3 million cubic metres.

Among smaller operators, several had no reported violations: these in- clude J.S. Jones; the Pas; Doman In- dustries and Federated Cooperatives.

By far the worst record of compli- ance was recorded on the province’s own Small Business Forest Enterprise Program, where 78 violations were recorded in the course of a 7.3 million cubic metre harvest.

In a published report, forest minis- ter Dave Zirnhelt said the province is aware of the problem in SBFEP com- pliance. “Clearly there is a lot of room for improvement, there is no question about it,” he said.

“This is an important report,” LW.A. CANADA Third Vice President Warren Ulley noted. “Careful consideration of this report shows that the Forest Prac- tices Code is working to improve the way we manage our forests and the way we are working in the woods. It also gives a clear idea of which li- censees are doing a good job and which are falling behind in meeting the rules.”

Ulley said that although the union remains concerned about some of the Code’s timber impacts and resulting job impacts, I.W.A. is satisfied that im- provements in forest practices are tak- ing place.

“We're especially concerned about the small business program’s perfor- mance,” he added. “We have been con- cemed for a long time that those oper- ators, which are mainly non-union, are cutting corners on forest practices, just as we have long been aware they cut corners on safety.”

He said the government must close- ly monitor the SBFEP to make sure non-union operators live up to the law.

1.W.A. CANADA analyzed the results of the report in two ways: on the basis of offenses per cubic metre harvested and offenses per inspection.

On the first basis, among those har- vesting over one million cubic metres, Canfor had four offenses over 4.9 mil- lion cubic metres; Weldwood, two over 1.75 million; Ainsworth, one over 1.1 million; Weyerhaeuser two over 1.6 million MacMillan Bloedel, 16 over 5.2 million; International Forest Products Ltd., 13 over 3.5 million; Finlay and Timbernorth, each one over 1.3 and

1.4 million, respectively.

On the basis of offenses per inspec- tion, Canfor’s four offenses were found in the course of 1337 inspec- tions. Other firms that showed good compliance over the course of more than 500 inspections include Ainsworth: one violation, 627 inspec- tions; Weldwood, two over 653; Wey- erhaeuser, two out of 696 and Timber- north, two in 531.

Four firms that received between 200 and 500 visits had no violations: J.S. Jones; Atco; Federated Co-ops and Evans Forest Products.

Ulley cautioned that one thing the report does not take into account is variations between one forest district and another.

“You might have a difference be- tween the nature of the inspections that won’t show up in these numbers,” he pointed out. “Some inspectors are likely just easier to get along with than others.”

The Forest Practices Code became law in June, 1995. Through a complex set of laws, regulations and guide- books, it sets standards for almost

every aspect of forest planning, road construction, log transport, timber harvesting.

Although forest companies have continued to express concerns about the cost impacts of the Forest Prac- tices Code, at least one top executive is pleased that the government brought in the law.

According to published reports, Bob Sitter of Interfor told a recent industry seminar in Vancouver that the industry needed prodding from government to abandon some of its former practices.

“I don’t think we could have coped without some of the policies that beat us into line,” he said.

Careful considera- tion of this-report shows that the Forest Practices Code is working to improve the way we manage our forests...

— Warren Ulley, 3rd National V.P.

Sitter reportedly added that he be- lieves “some turning around was need- ed and we got it. We don’t like the way we got it and now we have to fix it. Maybe some moderation is needed here. We have to find some middle ground.”

Meanwhile, green groups in B.C. continue to attack the Code as not strong enough, pointing to the fact that no companies have yet faced prosecution under the new law.

Greenpeace forest campaigner Karen Mahon reportedly responded to the government’s compliance report by saying it shows the Code is a rub- ber stamp for business as usual in the forest industry. Fi

“The companies want the Code re- Jaxed because it’s too hard on timber supply; the greens say it isn’t hard enough on timber supply. We’re in for an interesting year,” Ulley notes.

Zimmhelt’s response to Greenpeace’s call for big fines: “We are not going to throw fines at people without building a case first. You can’t just slap a fine on somebody. You go through due process first.”

The minister noted that the most se- rious problems are included in the 691 cases still under investigation at the time the report was issued.

Report shows threat to cut

The price tag for recent government environmental initiatives has been made clearer as a result of a recent government report on the Vancouver Forest Region.

The study shows that as many as 4000 jobs are threatened by the com- bination of the Forest Practices Code, Timber Supply Review and Protected Areas Strategy. Those three major provincial government initiatives alone could reduce the regional cut by 2.8 million cubic metres annually, an 11.2 percent annual drop in timber harvesting.

The report, An Analysis of Wood- flow in the Vancouver Forest Region, is one of the first detailed accounts from government of the likely impacts of its sweeping environmental protec- tion measures. It was commissioned by the government in January and re- leased in November. The report was prepared by Simons Reid Collins and Pierce Lefebvre Consulting, two ac- counting firms.

It outlines how the Vancouver For- est Region, which covers most of the B.C. coast from the Fraser Valley to the Queen Charlotte Islands and also includes Vancouver Island, currently generates 12,000 timber harvesting

jobs and 23,000 manufacturing jobs, mainly in the Lower Mainland and on Vancouver Island.

It gives a detailed accounting of the complex series of exchanges that bring timber out of the woods and into the region’s sawmills, value- added plants and pulp mills.

With sharp reductions in timber harvesting due to new forest practice laws, expansion in the province’s parks system and reduced annual al- lowable cuts, the report warns, it is possible that as many as five sawmills, one plywood plant, seven cedar shake and shingle mills and a pulp mill could be at risk, says the study.

“That’s far too high a cost,” says I.W.A. Third Vice President responsi- ble for forestry Warren Ulley. “We have repeatedly warned the province that the bill is going to come in soon for all these measures and that we won't be able to afford it. Now the government must review it’s package of environmental measures to offset some of the impact they will surely have on jobs. It’s too much - we can’t afford it.”

- Kim Pollock

LUMBERWORKER/DECEMBER 1996/3