Section 5 - p.53 [Previous Section] [Next Section] [Table of Contents]

5.0 Key Issues Arising From the Review

The Panel recognizes that not all issues arising from its review of current forest practice standards in Clayoquot Sound are equally important. This section discusses some key issues and presents findings and recommendations concerning them.

5.1 Inclusion of First Nations in Clayoquot Sound

In its review of current standards, the Panel found that First Nations' values and perspectives were not included at a level consistent with internationally recognized goals, such as those of Agenda 21 and Guiding Principles on Forests.30

5.1.1 Existing Situation

Few of the standards and guidelines applicable to Clayoquot Sound contain references to, or recognize, First Nations' interests in forest practices in the area. Some steps are being taken to address this deficiency.

An Interim Measures Agreement about joint management of parts of Clayoquot Sound was negotiated between the Nuu-Chah-Nulth Tribal Council and the Government of British Columbia, and ratified by both parties on March 19,1994. This agreement creates a Central Region Board whose objectives will include assessing forest practices in Clayoquot Sound relative to world class standards and including perspectives of First Nations.

The Scientific Panel specifically included First Nations' perspectives in its first report of January 31,1994 by stating that: "The cultural, spiritual, social, and economic well-being of indigenous peoples is a necessary part of forest management in Clayoquot Sound." More specifically, the report stated: "Indigenous peoples live within the landscape from which they and the rest of society extract resources. Because of their longer, often closer connections to nature, the cultural and spiritual relationships of First Nations peoples with their environment are different from those of other cultures. Such cultural and spiritual needs must be accommodated in standards governing land use and resource management."

Section 5 - p.54

5.1.2 Findings About Inclusion of First Nations

As noted in Section 4.3, First Nations' values, perspectives, and interests are not reflected in current forest practice standards for Clayoquot Sound. Deficiencies are listed below.

• Nuu-Chah-Nulth people and Nuu-Chah-Nulth interests are currently not included in planning and decision-making processes at any stage of forest planning in Clayoquot Sound. The Interim Measures Agreement will begin to remedy this omission by creating the Central Region Board in 1994.
• Traditional ecological knowledge and lived experience of the Nuu-Chah-Nulth are neither recognized nor incorporated into forestry planning and forest practices. (These include understanding of loss of ecosystems and biodiversity.) Information, such as that contained in the writings and oral presentations to the Panel by Nuu-Chah-Nulth elders (e.g., Herring in Clayoquot Sound, Forestry and Fishing in Clayoquot Sound), demonstrate the importance of recognizing traditional ecological knowledge of the Nuu-Chah-Nulth in forest planning and forest practices.
• Traditional Nuu-Chah-Nulth concepts and philosophies about land tenure and resource management are neither recognized nor respected. The Nuu-Chah-Nulth people have long had a complex and sophisticated system of land and resource management, centering around ownership and stewardship of specific sites and their resources by hereditary chiefs. All the lands, waterways, shorelines, and offshore sites, except for relatively remote areas far inland, fall under this system of ownership, control, and resource use, called HaHuulhi ("private ownership").
• The identification, description, protection, and restoration of culturally important sites and resources in the Clayoquot area are not adequate. Documents reviewed by the Panel indicate that archaeological sites, including middens, burial sites, habitation sites, culturally modified trees and wood, and rock art, are the only type of cultural heritage sites currently recognized for protection. Some culturally important sites that fulfill spiritual, cultural, ceremonial, and educational needs, as well as needs for sustenance and economic benefit, are currently excluded.
• There is no requirement to employ or include First Nations and other residents in managing, research, and monitoring programs. This deficiency denies non-indigenous managers access to Nuu-Chah-Nulth traditional knowledge and lived experience.

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  Section 5 - p.55

  5.1.3 Recommendations About Inclusion of First Nations

  The Panel makes the following recommendations to incorporate First Nations' interests and perspectives into standards and practices for Clayoquot Sound.

  1. Include First Nations representatives at the onset of planning processes for Clayoquot Sound.
  2. Respect traditional values, spirituality, and HaHuullhi, and provide for the traditional resource use and subsistence needs of the Nuu-Chah-Nulth in forest planning and management.
  3. Incorporate First Nations' forest management practices, which are founded in traditional values and ecological knowledge, and which arise as a result of treaty negotiations, in forest inventory, planning, and management.
  4. Conduct comprehensive consultation with the Nuu-Chah-Nulth about land use practices as specified in the Interim Measures Agreement.
  5. Define cultural sites more comprehensively according to First Nations' understanding (e.g., including a variety of sacred sites, berry-picking sites, medicine gathering sites). Use Nuu-Chah-Nulth guidance to undertake research, inventory, and identification of culturally relevant places and resources.
  6. Recognize the importance and potential of concepts of tribal parks and sacred site reserves in land use planning.
  7. Restore traditional sites that have been altered or degraded by logging practices (e.g., the former Carter Lake in Herbert Arm) in consultation with the Nuu-Chah-Nulth.
  8. Provide for training, education, and meaningful employment of Nuu-Chah-Nulth people in both research and forestry activities to ensure that they benefit from commercial use of resources in Clayoquot Sound.
  9. Give precedence to traditional Nuu-Chah-Nulth needs for sustenance (the definition of which should be agreed upon by governments and First Nations) over sport fishery, commercial, or other interests outside Clayoquot Sound. Provide for the well-being of wild fisheries before the needs of fish farming.
  10. Develop standards that recognize, respect, implement, and enforce the maintenance of cultural and biological diversity recognized in UNCED's Agenda 21 and Guiding Principles on Forests, in forest management practices.
  11. Recognize and take steps to minimize the impact of forest practices on marine ecosystems.

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      Section 5 - p.56

      5.2 Forest Planning

      Implementing effective ecosystem management will require fundamental changes in forest management planning and administration. These changes will affect planning approaches and procedures, planning time frames, and the boundaries of planning units. A fundamental change will be required in the way governments, First Nations, and the public participate in planning, interact with each other, and share responsibility for decisions.

      5.2.1 Existing Approaches and Procedures for Planning

      The traditional approach to planning forest harvesting has been constrained maximization, in which other values constrain use of the timber resource. Existing standards, such as the Development Plan Guidelines for the Vancouver Forest Region, require a plan to harvest all operable timber in the planning area subject to the principles of integrated resource management. Integrated resource management is difficult because inventory about environmental and cultural values (for instance) are lacking.

      The planning procedure usually involves a referral process in which the Ministry of Forests and the forest company involved are lead agencies that collect the information and do most of the basic planning to harvest the timber resource. Prior to Ministry of Forests approval to begin logging or road construction, logging plans are referred to other agencies and interested parties who respond after most of the planning is done. This referral process is an integral part of the constrained maximization approach in which timber interests have historically taken precedence over other forest values. First Nations have been largely absent from the process.

      Historically, long-term planning has focused on determining timber supply available within a large administrative unit. These long-term plans have been based on the volume of timber and have not, in general, considered specific, smaller units of land. Operational planning has usually been over five-year planning periods where specffic, smaller units of land or cutblocks are identified in Five Year Development Plans. Thus, most operational planning for a specific area of land has been short-term and based on administrative or practical rather than ecological units. Five Year Development Plans have focused foremost on logging, silviculture, and protection activities at the stand level while attempting to minimize impacts on other resource values.

      In Clayoquot Sound there have been several local planning initiatives to replace this referral process, involving various parties interested in a more inclusive, participatory approach to planning. Initiatives such as the Tofino Creek Watershed Plan have covered longer planning horizons than is common, and have used ecological rather than administrative units. Several specific projects to collect inventory on resources and values other than timber have also been initiated. Since the Clayoquot Sound Land Use Decision, three provincial ministries have shared decision-making responsibility. This is the beginning of a better

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      Section 5 - p.57

      approach to planning. Some of the needed change may come through implementation of the Interim Measures Agreement.

      5.2.2 Findings About Forest Planning

      • Current planning procedures are inadequate for sustainable ecosystem management (see Section 2.2).
      • The existing referral process (sending harvesting plans to other agencies such as the Ministry of Environment, Lands, and Parks for approval) provides inadequate levels and stages of involvement for professionals representing other disciplines.

      5.2.3 Recommended Approach to Forest Planning

      1. Adopt an ecosystem approach to forest planning that integrates the full spectrum of resource values, including timber. Undertake the following activities as part of the ecosystem planning process:
         • identify ecosystem components that must be maintained to sustain the productive capacity of the whole ecosystem;
         • plan how to produce and harvest timber while protecting ecosystem integrity;
         • plan all phases of forest management induding inventory, access, logging, post-logging regeneration, stand treatments, road maintenance and deactivation, and watershed and wildlife habitat restoration; and
         • collect baseline biophysical and cultural information about the full range of forest conditions and resources before beginning development activities.
      2. Conduct planning at ecologically relevant time and spatial scales-in the order of 100 years and over single watersheds, groups of watersheds, or other logical biophysical units. Develop a long-range resource or ecosystem plan before undertaking detailed plans at smaller scales for shorter planning periods.
      3. Make the necessary changes to current planning processes to support ecosystem management, including providing for shared decision-making, shared authority, and an open public planning process. Respectfully incorporate Nuu-Chah-Nulth wisdom and perspectives, and involve Nuu-Chah-Nulth as partners in planning.
      4. Use interdisciplinary teams and involve more specialists (e.g., hydrologists, biologists, geomorphologists, anthropologists) in planning and implementing ecosystem management activities than is done currently.

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      Section 5 - p.58

      5.3 Undeveloped Watersheds

      In an undeveloped watershed less than 2% of the watershed has been modified by industrial or land use practices.31

      5.3.1 Existing Situation

      The Clayoquot Sound Land Use Decision (1993) delineated three main categories of land use: Protected Areas, General Integrated Management Areas, and Special Management Areas. The establishment of new Protected Areas recognized the importance of specific tracts of older forest including large, undeveloped watersheds, such as the Megin, Talbot, and Watta.

      Some of the opportunities for future logging in the General Integrated Management Area and Special Management Areas are in undeveloped watersheds: the Clayoquot River, Ursus River, Sidney River, Ice River, and Cecilia Creek. In at least the first three of these watersheds, older forests (age class 8 and 9, 141 years and older) represent between 98 and 100% of the forest area.32

      Areas that are currently undeveloped, but will be logged in the future, provide opportunities to manage according to principles and practices the Panel proposes. These principles and practices require fundamental changes in the way forests are managed-ways that, as a society, we have little experience in implementing. A substantial amount of learning, better information, different logging practices, and different planning procedures are required to ensure sustainable ecosystem management will be implemented effectively. During the transition to a new approach to forest management, options for future management in the undeveloped watersheds must be maintained. They represent our best opportunity to demonstrate our commitment to stewardship and to development of exemplary forest practices.

      5.3.2 Findings Relevant to Undeveloped Watersheds

      • Total Resource Plans provide one approach to integrating different resources during the planning process. However, documents pertinent to Clayoquot Sound are inconsistent in their recommendations for the development of Total Resource Plans in undeveloped watersheds.

        The Government of British Columbia's Response to the Commission on Resources and the Environment (1993) states: "Where development is contemplated in a previously undeveloped watershed and in those watersheds which are substantially undeveloped, Total Resource Plans will be developed with

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        Section 5 - p.59

        boundaries based on watersheds or other ecological or biophysical features." [boldface in original text].

        The Interim Measures Agreement (1994) states that harvesting in the Clayoquot River Valley should occur under a Total Resource Plan. Such plans have not yet been developed for the Clayoquot River or other locations in Clayoquot Sound. The initial entry into the Clayoquot River Watershed, however, is exempted from this requirement in the Clayoquot Sound Forest Practices Standards.

      • The Interim Measures Agreement has two further clauses that relate directly to the Panel's findings and recommendations regarding undeveloped watersheds. The Central Region Board has a clear and significant role to play in developing strategy for these areas and it appears critical that no options be foreclosed until the Board has played its intended role, namely:
        • Section 7(l): "Within 30 days of receipt of any plan, application, permit, decision, recommendation or report from any ministry, agency or panel pursuant to clause 7(f)(ii) or 7(g) or 7(h), the Board shall accept, propose modifications to, or recommend rejection of the plan, application, permit, decision, recommendation or report."
        • Section 13(n): "for greater certainty, the Parties shall consider applying the concept of tribal parks for all or part of... the Clayoquot River Valley."
      • To ensure that companies and individuals can meet specific standards, the Provincial Government has an excellent prequalification procedure for contractors in the Ministry of Transportation and Highways. This procedure includes a set of explicit criteria by which companies or individuals can be approved to work in sensitive areas. There also are criteria by which a company or individual can be denied access to work in such areas after failing to meet specified standards. The Ministry of Forests could use this procedure as a model for prequalification of logging and other forest management contractors.
      • Watersheds such as the Bulson River or Tofino Creek, which have a history of logging, present opportunities to acquire experience in sustainable ecosystem management.
      • The major undeveloped watersheds in the General Integrated Management and Special Management Areas present an important opportunity to benefit from implementing knowledge and experience acquired elsewhere.
      • A significant opportunity for demonstrating commitment to developing standards of forest practice that are among the best in the world is to establish exemplary practices in the as-yet-undeveloped watersheds.

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      Section 5 - p.60

      5.3.3 Recommended Approach to Undeveloped Watersheds

      1. Road construction and logging in the Clayoquot River, Sidney River, Ursus River, Ice River, and Cecilia Creek watersheds should be delayed until the following steps have been taken:33
         • The necessary inventories of environmental and cultural resources and values, along with the approach to long-term planning (e.g., Total Resource Plans) have been prepared and subsequently approved by the Central Region Board (see also Section 5.5.2).
         • Exemplary forest practices and silvicultural systems have been demonstrated elsewhere before they are applied in undeveloped watersheds.
         • The Ministry of Forests has developed a prequalification procedure for work in environmentally sensitive areas, and all relevant companies and individuals are prequalified.
      2. An implementation plan should be established and publicized for those steps potentially requiring significant time to implement. Phasing in the steps outlined in recommendation 1 should be completed as quickly as possible.

      5.4 Special Management Area Boundaries

      The Clayoquot Sound Land Use Decision describes and delineates on a map the following land use categories: previously Protected and new Protected Areas; General Integrated Management Areas; and three types of Special Management Areas: Recreation, Wildlife, and Scenic Corridors.

      5.4.1 Current Approach to Special Management Areas

      The Clayoquot Sound Land Use Decision describes these land use categories as follows:

      • New Protected Areas: "are immediatdy reserved from any new resource development or allocation," and they include some intact watersheds, coastal fjords, outer coastal areas, and specific lake, river, and plateau areas.
      • General Integrated Management Areas: "will continue to support various types of economic activity, including timber use and management, fisheries, wildlife, tourism, recreation and mineral exploration and development."
      • Special Management Areas allow timber harvesting as required to meet recreation, wildlife, and scenic landscape objectives as follows:

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        Section 5 - p.61

        • "recreation values... will be maintained through a resource use plan, to be completed before any timber harvesting,"
        • "important wildlife values... will be maintained through a resource use plan, to be completed before any timber harvesting," and
        • "landscape management plans to ensure that the key scenic landscape values important to tourism and recreation are not compromised."

      In its review the Panel considered the boundaries of the Special Management Areas, focusing primarily on the Scenic Corridor Areas. The international interest in Clayoquot Sound is partly due to the scenic values in the area, and enough information is available on the Scenic Corridor Areas to enable substantive comment

      5.4.2 Findings About Special Management Area Boundaries

      • The "scenic corridors" defined in the Clayoquot Sound Land Use Decision do not correctly document the areas visible from scenic corridor routes. The inaccuracy becomes apparent when traveling those corridors. The proposed boundaries encompass little more than the foreground view. Yet the nature of the landscape makes visible large areas of land in the midground and background from the scenic corridor routes.
      • Recent work conducted by the ministries of Small Business, Tourism and Culture; and Environment, Lands and Parks 34 supports the finding regarding inaccuracies of Special Management Area boundaries. Specifically:
        • A much larger area is visible than the area designated as scenic corridors in the Clayoquot Sound land Use Decision. While lack of tree height information in the computer model used in the study was a source of inaccuracies, the analysis reveals that the visible area extends far beyond the area designated.
        • The Pretty Girl area set aside for Special Management-Recreation is 173% larger than initially estimated.
        • The Ursus River area for Special Management-Wildlife is 201% larger than initially estimated.
      • As a result of the two errors in estimated size of the Special Management Areas for Pretty Girl Lake and Ursus River, the General Integrated Management Area is roughly 10% smaller than initially estimated in the Clayoquot Sound Land Use Decision.

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      Section 5 - p.62

      • The inaccuracies in the Special Management Area boundaries confirm the problems in designating land use category areas before conducting adequate inventories.

      5.4.3 Recommended Approach to Special Management Area Boundaries

      1. Boundaries of Scenic Corridor Areas should be revised using more detailed information on resources to more accurately reflect the intent of the Clayoquot Sound land Use Decision.
      2. The Recreation and Wildlife Special Management Areas should also be subject to modification following adequate inventories and comprehensive consultation.

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