Forestry Resources

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Contents Forest Resouces	Overview This chapter sets out Nisga’a ownership of all the forest resources within Nisga’a Lands, establishes a transition period during which current provincial forest licensees can continue their operations on Nisga’a Lands and sets out the rules governing forestry activities both during the transition period and afterwards. Who owns forest resources on Nisga’a Lands? On the effective date, the Nisga’a Nation owns all forest resources on Nisga’a Lands. What is the transition period? A five-year period during which current provincial forest licensees will phase out their operations on Nisga’a Lands. During this period, the Nisga’a Nation and British Columbia will jointly oversee the forestry activities on Nisga’a Lands of such licensees, who are referred to in this summary as “transitional licensees”.(see Forestry Transition Period Planning Criteria for Forest Development Plans map in Appendices) What volume of timber can be harvested on Nisga’a Lands (other than former Nisga’a reserves) during each year of the Transition Period? 165,000 cubic metres, which will be divided between transitional licensees and the Nisga’a Nation as follows: What forestry laws will apply on Nisga’a Lands? British Columbia laws will apply to the activities of transitional licensees on Nisga’a Lands. British Columbia will enforce these laws. Nisga’a Lisims Government will pass timber management laws that will apply to all other forestry activities on Nisga’a Lands, except fire control and suppression activities for which British Columbia is responsible. The Nisga’a laws must not be more intrusive to the environment than the British Columbia Forest Practices Code. Nisga’a Lisims Government will enforce the Nisga’a laws. What is the Forestry Transition Committee? A joint Nisga’a Nation-British Columbia committee which will approve plans and issue permits during the transitional period, as follows: a. All forest development plans and amendments in years 1 to 5; b. All silviculture prescriptions and amendments for harvesting proposed for years 4 to 5; c. Cutting permits and road permits required in year 5; d. All road use permits required in years 1 to 5. Will the Ministry of Forests issue any permits for transitional licensees on Nisga’a Lands during the transition period? Yes. The Ministry of Forests will issue silviculture prescriptions and amendments required by transitional licensees during years 1 to 3, and cutting permits and road permits required during years 1 to 4. However, all of these prescriptions and permits must be consistent with the forest development plans approved by the Forestry Transition Committee. Are there special restrictions on where, or how much, transitional licensees can harvest timber on Nisga’a Lands during the transition period? Yes. The following special restrictions will apply: a. No timber harvesting will be permitted in the Nass Bottomlands, within any archaeological site, within any ecological reserve or within 100 metres on either side of the Grease Trail; b. At least 80 per cent of the mature timber will be retained within the Pine Mushroom area; c. Enhanced visual quality objectives will apply in the Tseax area and in the area around the Nisga’a Memorial Lava Bed Park; d. No timber harvesting will be permitted within one kilometre of New Aiyansh, Gitwinksihlkw, Laxgalts‘ap or Gingolx, without the agreement of the affected Nisga’a Village Government; e. No timber harvesting will be permitted within one kilometre of the Gingietl Creek Ecological Reserve, without the consent of the Gitwinksihlkw Village Government; f. No more than 210,000 cubic metres can be harvested in the Ksi Hlginx watershed. Will transitional licensees replant the areas they harvest? Yes. All current licensee replanting obligations will continue, and transitional licensees will be required to replant the areas they harvest during the transition period. Licensees will be required to ensure that a free growing stand is established on harvested areas. Will transitional licensees use Nisga’a contractors during the transition period? Yes. Transitional licensees will be required to use reasonably available Nisga’a contractors under full-phase logging contracts for 50 per cent of the volume they harvest in year 1, and 70 per cent of the volume they harvest in years 2 to 5. Will there be annual cut control during the transition period? Yes, for licences of more than 15,000 cubic metres per year, the licensee will be required to achieve their annual harvest level, plus or minus 50 per cent. However, licensees will not be allowed to exceed their total five-year volume. What economic benefits will the Nisga’a Nation receive from the transitional licensee timber harvest? British Columbia will pay the Nisga’a Nation at least $6.00 per cubic metre harvested by transitional licensees during the transition period. However, if either “industry performance” or billed stumpage exceeds $6.00 per cubic metre, British Columbia will pay the Nisga’a Nation industry performance (up to a maximum of $10.00 per cubic metre) plus billed stumpage. “Industry performance” is determined by deducting the estimated industry harvesting costs from the estimated selling price. What volume of timber can be harvested on Nisga’a Lands (other than former Nisga’a reserves) during years 6 to 9? 135,000 cubic metres in years 6 to 8, and 130,000 cubic metres in year 9. Are there restrictions on the Nisga’a ability to establish a mill to process timber? The Nisga’a Nation, a Nisga’a Village or a Nisga’a Corporation cannot establish a primary timber processing facility for 10 years after the effective date. However, during this period, the Nisga’a Nation, a Nisga’a Village or a Nisga’a Corporation can establish a timber processing facility to provide lumber for Nisga’a residential or public purposes, conduct value-added timber processing, or enter into a partnership or joint venture with the owner of an existing timber processing facility. Will it be possible to export timber harvested on Nisga’a Lands or Nisga’a Fee Simple Lands? During the transition period, timber harvested from former Nisga’a reserves may be exported in accordance with federal laws as if the timber had been harvested from a reserve under the Indian Act. Otherwise, British Columbia laws with respect to manufacture of timber in the province will apply. Who is responsible for forest fire suppression on Nisga’a Lands? During the transition period, British Columbia is responsible for the control and suppression of forest fires on Nisga’a Lands to the same extent and in the same manner as it is on Crown land elsewhere in the province. After the transition period, British Columbia is responsible for the control and suppression of forest fires on Nisga’a Public Lands to the same extent and in the same manner as it is on Crown land elsewhere in the province, and the Nisga’a Nation is responsible for the control and suppression of forest fires on Nisga’a Village Lands and Nisga’a Private Lands. After the transition period, the Nisga’a Nation may pay the costs incurred by British Columbia in controlling and suppressing a forest fire on Nisga’a Public Lands, depending on the cause and point of origin of the fire. Who is responsible for forest health problems on Nisga’a Lands? The Nisga’a Nation is responsible for forest health on Nisga’a Lands, except for the responsibilities of transitional forest licensees. If a forest health problem on Nisga’a Lands threatens forest resources on adjacent Crown land, British Columbia will notify the Nisga’a Nation and the Nisga’a Nation will take all reasonable mitigative measures. If the Nisga’a Nation does not do so within a reasonable time, British Columbia may enter Nisga’a Lands to take reasonable mitigative measures and the Nisga’a Nation will reimburse British Columbia for its reasonable costs. If British Columbia becomes aware of a forest health problem on Crown land that threatens forest resources on Nisga’a Lands, British Columbia will take all reasonable mitigative measures within a reasonable time. British Columbia will compensate the Nisga’a Nation for any damage to forest resources on Nisga’a Lands arising from a failure to meet this obligation. Can the Nisga’a Nation acquire a forest tenure outside Nisga’a Lands? British Columbia agrees in principle to the Nisga’a Nation acquiring a forest tenure or tenures outside Nisga’a Lands with a total allowable annual cut of up to 150,000 cubic metres. Such an acquisition will require approval of the Minister of Forests in accordance with the Forest Act. Who will regulate pine mushroom harvesting on Nisga’a Lands? Nisga’a Lisims Government will have the ability to pass laws regulating pine mushroom harvesting on Nisga’a Lands. These laws may include the licensing of harvesters and the levying of charges with respect to the harvest.

Contents

Forest
Resouces

Overview

This chapter sets out Nisga’a ownership of all the forest resources within Nisga’a Lands, establishes a transition period during which current provincial forest licensees can continue their operations on Nisga’a Lands and sets out the rules governing forestry activities both during the transition period and afterwards.

Who owns forest resources on Nisga’a Lands?

On the effective date, the Nisga’a Nation owns all forest resources on Nisga’a Lands.

What is the transition period?

A five-year period during which current provincial forest licensees will phase out their operations on Nisga’a Lands. During this period, the Nisga’a Nation and British Columbia will jointly oversee the forestry activities on Nisga’a Lands of such licensees, who are referred to in this summary as “transitional licensees”.(see Forestry Transition Period Planning Criteria for Forest Development Plans map in Appendices)

What volume of timber can be harvested on Nisga’a Lands (other than former Nisga’a reserves) during each year of the Transition Period?

165,000 cubic metres, which will be divided between transitional licensees and the Nisga’a Nation as follows:

What forestry laws will apply on Nisga’a Lands?

British Columbia laws will apply to the activities of transitional licensees on Nisga’a Lands. British Columbia will enforce these laws.

Nisga’a Lisims Government will pass timber management laws that will apply to all other forestry activities on Nisga’a Lands, except fire control and suppression activities for which British Columbia is responsible. The Nisga’a laws must not be more intrusive to the environment than the British Columbia Forest Practices Code. Nisga’a Lisims Government will enforce the Nisga’a laws.

What is the Forestry Transition Committee?

A joint Nisga’a Nation-British Columbia committee which will approve plans and issue permits during the transitional period, as follows:

a. All forest development plans and amendments in years 1 to 5;

b. All silviculture prescriptions and amendments for harvesting proposed for years 4 to 5;

c. Cutting permits and road permits required in year 5;

d. All road use permits required in years 1 to 5.

Will the Ministry of Forests issue any permits for transitional licensees on Nisga’a Lands during the transition period?

Yes. The Ministry of Forests will issue silviculture prescriptions and amendments required by transitional licensees during years 1 to 3, and cutting permits and road permits required during years 1 to 4. However, all of these prescriptions and permits must be consistent with the forest development plans approved by the Forestry Transition Committee.

Are there special restrictions on where, or how much, transitional licensees can harvest timber on Nisga’a Lands during the transition period?

Yes. The following special restrictions will apply:

a. No timber harvesting will be permitted in the Nass Bottomlands, within any archaeological site, within any ecological reserve or within 100 metres on either side of the Grease Trail;

b. At least 80 per cent of the mature timber will be retained within the Pine Mushroom area;

c. Enhanced visual quality objectives will apply in the Tseax area and in the area around the Nisga’a Memorial Lava Bed Park;

d. No timber harvesting will be permitted within one kilometre of New Aiyansh, Gitwinksihlkw, Laxgalts‘ap or Gingolx, without the agreement of the affected Nisga’a Village Government;

e. No timber harvesting will be permitted within one kilometre of the Gingietl Creek Ecological Reserve, without the consent of the Gitwinksihlkw Village Government;

f. No more than 210,000 cubic metres can be harvested in the Ksi Hlginx watershed.

Will transitional licensees replant the areas they harvest?

Yes. All current licensee replanting obligations will continue, and transitional licensees will be required to replant the areas they harvest during the transition period. Licensees will be required to ensure that a free growing stand is established on harvested areas.

Will transitional licensees use Nisga’a contractors during the transition period?

Yes. Transitional licensees will be required to use reasonably available Nisga’a contractors under full-phase logging contracts for 50 per cent of the volume they harvest in year 1, and 70 per cent of the volume they harvest in years 2 to 5.

Will there be annual cut control during the transition period?

Yes, for licences of more than 15,000 cubic metres per year, the licensee will be required to achieve their annual harvest level, plus or minus 50 per cent. However, licensees will not be allowed to exceed their total five-year volume.

What economic benefits will the Nisga’a Nation receive from the transitional licensee timber harvest?

British Columbia will pay the Nisga’a Nation at least $6.00 per cubic metre harvested by transitional licensees during the transition period. However, if either “industry performance” or billed stumpage exceeds $6.00 per cubic metre, British Columbia will pay the Nisga’a Nation industry performance (up to a maximum of $10.00 per cubic metre) plus billed stumpage. “Industry performance” is determined by deducting the estimated industry harvesting costs from the estimated selling price.

What volume of timber can be harvested on Nisga’a Lands (other than former Nisga’a reserves) during years 6 to 9?

135,000 cubic metres in years 6 to 8, and 130,000 cubic metres in year 9.

Are there restrictions on the Nisga’a ability to establish a mill to process timber?

The Nisga’a Nation, a Nisga’a Village or a Nisga’a Corporation cannot establish a primary timber processing facility for 10 years after the effective date. However, during this period, the Nisga’a Nation, a Nisga’a Village or a Nisga’a Corporation can establish a timber processing facility to provide lumber for Nisga’a residential or public purposes, conduct value-added timber processing, or enter into a partnership or joint venture with the owner of an existing timber processing facility.

Will it be possible to export timber harvested on Nisga’a Lands or Nisga’a Fee Simple Lands?

During the transition period, timber harvested from former Nisga’a reserves may be exported in accordance with federal laws as if the timber had been harvested from a reserve under the Indian Act. Otherwise, British Columbia laws with respect to manufacture of timber in the province will apply.

Who is responsible for forest fire suppression on Nisga’a Lands?

During the transition period, British Columbia is responsible for the control and suppression of forest fires on Nisga’a Lands to the same extent and in the same manner as it is on Crown land elsewhere in the province.

After the transition period, British Columbia is responsible for the control and suppression of forest fires on Nisga’a Public Lands to the same extent and in the same manner as it is on Crown land elsewhere in the province, and the Nisga’a Nation is responsible for the control and suppression of forest fires on Nisga’a Village Lands and Nisga’a Private Lands.

After the transition period, the Nisga’a Nation may pay the costs incurred by British Columbia in controlling and suppressing a forest fire on Nisga’a Public Lands, depending on the cause and point of origin of the fire.

Who is responsible for forest health problems on Nisga’a Lands?

The Nisga’a Nation is responsible for forest health on Nisga’a Lands, except for the responsibilities of transitional forest licensees.

If a forest health problem on Nisga’a Lands threatens forest resources on adjacent Crown land, British Columbia will notify the Nisga’a Nation and the Nisga’a Nation will take all reasonable mitigative measures. If the Nisga’a Nation does not do so within a reasonable time, British Columbia may enter Nisga’a Lands to take reasonable mitigative measures and the Nisga’a Nation will reimburse British Columbia for its reasonable costs.

If British Columbia becomes aware of a forest health problem on Crown land that threatens forest resources on Nisga’a Lands, British Columbia will take all reasonable mitigative measures within a reasonable time. British Columbia will compensate the Nisga’a Nation for any damage to forest resources on Nisga’a Lands arising from a failure to meet this obligation.

Can the Nisga’a Nation acquire a forest tenure outside Nisga’a Lands?

British Columbia agrees in principle to the Nisga’a Nation acquiring a forest tenure or tenures outside Nisga’a Lands with a total allowable annual cut of up to 150,000 cubic metres. Such an acquisition will require approval of the Minister of Forests in accordance with the Forest Act.

Who will regulate pine mushroom harvesting on Nisga’a Lands?

Nisga’a Lisims Government will have the ability to pass laws regulating pine mushroom harvesting on Nisga’a Lands. These laws may include the licensing of harvesters and the levying of charges with respect to the harvest.