FRST 415 Guest Lecture R Patrick Bixler PhD September 9 th 2014 1 2 Imagine That youre in the Interior BC temperate rainforest Tenure What is it Why is it important ID: 421046
Download Presentation The PPT/PDF document "Tenure Systems and Community Forest Arra..." is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
Tenure Systems and Community Forest Arrangements: Theory and Practice in British Columbia
FRST 415Guest Lecture: R. Patrick Bixler, PhD
September 9th, 2014
1Slide2
2Imagine…
That you’re in the Interior BC temperate rainforest…Slide3
Tenure: What is it? Why is it important?Relationship to “Property Rights”
Canadian Crown Tenure and British Columbia Tenure TypesCommunity Forest Agreements and Management
3
AgendaSlide4
Theory and Concepts: Differentiate between tenure, property rights, and Crown forest tenureApplication: Recognize different types of British Columbia forest tenure
Practice: Discuss community forest agreements and the benefits to communities
4
Learning ObjectivesSlide5
5
Tenure – What is it?Slide6
Tenure – What is it?
“Tenure” is a commonly misunderstood termIt is often equated with ownership, which is misleading
Generally, tenure refers to a variety of arrangements that allocate rights to land and its productivityCharacteristics: Sets conditions on
those who hold the rights to landRegulates access
to and use of
resources
6Slide7
Tenure – What is it?
Tenure – Useful DefinitionsLand Tenure – refers
to a set of institutions and policies that determine how land and its resulting resources are accessed, who can benefit from these resources, for how long, and under what conditions.
Statutory Land Rights - rights to land and/or associated resources derived from the state and/or state laws.
Customary Land Rights
-
rights to land and associated resources based on institutions and norms derived from community itself, rather than the state or law; often have a historical precedent.
7Slide8
Tenure – Why is it important?
Some outcomes of secure tenure arrangements are: Sustainable Forest ManagementMost cited variable for “success” in sustainable forest management / community forestry
Incentive-based conservation policy (i.e. REDD+, carbon markets, payment for ecosystem services)Equity and rights-based approach to forest conservation
When Indigenous Peoples and local communities have no or weak legal rights, their forests tend to be vulnerable to
deforestation
Implications for climate adaptation and climate mitigation
8Slide9
9
From Tenure to Property Rights
Tenure is the right to use the land.
Property rights further explain the relationship:
Property Right – “a socially sanctioned and enforceable claim of an individual or group to a stream of benefits resulting from the use of an asset subject to the restrictions and conditions society places on the use of the asset concerned”
Luckert
, Haley, and
Hoberg
2011Slide10
10
From Tenure to Property Rights
Considered a bundle of rights
Rights, not objects are owned
Rights to use, but not to own or transferSlide11
11
From Tenure to Property Rights
A Farmer in Africa: Overlapping Property Rights
Property Rights in Africa VideoSlide12
12
From Tenure to Property Rights
In Canada, rights to many different products (or benefit streams) have different owners. Examples include: Trees for industrial use
Subsurface mineralsFur-bearing animals
Certain recreational services, i.e. guiding, ecotourism, and skiing
Governments retain rights to productive capacity of land, water, fish and wildlifeSlide13
Crown Forest Tenures in British ColumbiaSlide14
What is Crown Forest Tenure?
Crown forest tenure is characterized as variations in property rightsAuthorized under the Forest Act, tenures reflect forest uses. Some examples include:
Timber harvesting, road building, minerals, ranching, many others
14Slide15
What is Crown Forest Tenure?
“In return for exclusive usufructory timber harvesting rights, license holders contribute to Crown revenues through the payment of royalties, stumpage, and other levies and assume varying degrees of responsibility for forest management. These arrangements have become known as Crown Forest Tenures.”
Luckert et al. pg. 67.
15Slide16
What is Crown Forest Tenure?
16
1867 – 1940s
Economic Growth
1940s – 1980s
Sustained Yield, Sustained Growth
1980s – 2000s
Sustainable Forest Management
2000s – Present
???Slide17
What is Crown Forest Tenure?
A timber tenure defines the arrangement between the province and a tenure holderUsed to meet government management objectives
These arrangements can be agreements, licences or permits
They can be replaceable or non-replaceableThey are legally binding and provide specific rights for a period of time
V
ary in duration
17Slide18
What is Crown Forest Tenure?
Either “area-based” or “volume-based” Area-based allotments: rights are granted to a specific area within well-defined geographical boundaries
Volume-based allotments: rights are granted for a certain quantity of product to be harvested within broadly defined region
18
Example: Boundaries of Tree Farm
Licence
60Slide19
VOLUME-BASED TENURESForest
LicencePulpwood AgreementCommunity Salvage LicenceTimber Sale Licence
AREA-BASED TENURES
Timber LicenceTree Farm Licence
Woodlot
Community Forest Agreement
Community Salvage
Licence
Timber Sale
Licence
First Nations Woodland
Licence
19
What is Crown Forest Tenure?Slide20
20What is Crown Forest Tenure?
Source: “Timber Tenures in British Columbia.” June 2012Slide21
What is Crown Forest Tenure?
September 09,, 2014
21
Tenures
Area or Volume
Duration
Resource Rights
Tree Farm
Licence
Area
25 year (
yr
)
term, replaceable
every 5-10
yr
Exclusive right
to harvest and manage forest
Forest
Licence
Volume
Up to 20
yr
, replaceable 5-10
yr
or non replaceable
Right to harvest,
may be competitive or directly awarded
Timber Sale
Licence
Area and Volume
Up to 20
yr
, replaceable every 10
yr
Right to harvest
or purchase logs, competitive
Community
Forest Agreement
Area
Not less than 25
yr
and not more
than 99
yr
, replaceable every 10
yr
Exclusive
right to harvest in specified area. May include non-timber botanical products
Tenure Type
Percentage
of Harvest
Volume-based (forest
licence
, non-replaceable forest
licence
)
60%
BC Timber Sales – timber sale
licence
20%
Area-based
licences
(TFL, CFA, woodlot, First Nations woodland)
20%Slide22
What is Crown Forest Tenure?
Volume-based, long-term Forest Licences make up approximately 60% of the provinces Annual Allowable Cut (AAC)BC is unique with high allocation of volume-based. In comparison, Ontario and Quebec are 100% area-based.
42% of harvesting rights held by 10 companies Designed for large pulp and fully integrated forest products companiesSocial, economic and ecological pressures for policy change
22Slide23
Pressures for Tenure Policy Change
As a way to improve forest management and increase the midterm timber supply in regions affected by the mountain pine beetle epidemic, the province has proposed to convert a number of volume-based licences
to area-based ones.
23
Conversion to Area-Based tenureSlide24
Pressures for Tenure Policy Change
24
Ecological Pressures for Change: Mountain Pine Beetle Epidemic Slide25
Pressures for Tenure Policy Change
25A Shift Towards
GovernanceDiffusion of government authority to broader network of actors
Increasing importance of actors beyond the traditional nexus of government and businessD
ecentralization of forest management authoritySlide26
Community Forestry in British ColumbiaSlide27
Community Forestry in BC
Broad Interpretation of Community Forestry: An alternative forest management approach that provides something for everyone:
Collaborative and participatory arrangement of public-private-civic stakeholders Incorporation of timber and non-timber valuesPrevalence of different worldviews and knowledges
Integrated into the management of forest ecosystems.
(Bullock, Hanna, and
Slocombe
2009)
27Slide28
Community Forestry in BC
Types of Community Forests: Local government on fee simple land
Organization owns the land outrightNot bound by tenure conditionsConservation AuthoritiesFound mostly in OntarioLocal government on Crown land
Local government constitutes principal administrative unit and decision-making structureForest organizationNon-profit organizations, cooperatives, for profit and not-for-profit corporations
28Slide29
Community Forestry in BC
Policy Evolution in BC: 1998 - New Democratic Party created legislation (The Forests Statutes Amendment Act, Bill 34)
88 communities expressed interest, 27 full proposals, 7 community forest pilot agreements3 additional pilot agreements in 2000Some First Nations and some non-First Nation communities2003 – Forestry Revitalization Plan (Liberal government)
Committed to increasing volume of timber allocated to community-based tenures (intentions to double the program)2005 - 33 new communities invited to apply2006 – Burns Lake and
Esketemc
First Nation receive 25 year tenures
43 communities in application process or operating
2008 – 52 communities involved
2009 – Bill 13 establishes 25 year renewable licenses, removes 5 year probationary period
2014 -
57 community organizations, representing nearly 90 individual
communities involved in some stage of planning or operation
29Slide30
Community Forestry in BC
30
2%Slide31
Community Forestry in BC
Community Forests: Have performed well in providing local benefitsLocal flow of fibre
Democratic and participatory decision-making processesLarger emphasis on non-timber forest values and managementSome outstanding questions
Authority delegated to communities for strategic planningNon-conventional interests and knowledge systems lacking voice
Entry barriers (capacity) in to Community
Forest Agreements
31Slide32
Community Forestry in BC
32Commuity Forestry in British Columbia
British Columbia Community Forest AssociationSlide33
Once Again, Imagine…
33Slide34
References and Suggestions for Further Reading
Bullock, Ryan, Kevin Hanna, Scott Slocombe. 2009. “Learning from Community Forestry Experience: Challenges and Lessons from British Columbia.” The Forestry Chronicle,
85 (2): 293-304.Hayter, Roger. 2000. Flexible crossroads: Restructuring British Columbia’s Forest Economy. Vancouver, British Columbia, Canada: UBC Press
.Luckert
, Martin K., David Haley, and George
Hoberg
. 2011.
Policies for Sustainably Managing Canada’s Forests: Tenure, Stumpage Fees, and Forest Practices.
UBC Press.
Teitelbaum
, Sara, Tom Beckley,
Solange
Nadeau. 2006. “A National Portrait of Community Forestry on Public Land in Canada.”
The Forestry Chronicle,
82 (3): 416-428.
34