FRST 415 Guest Lecture: R. Patrick Bixler, PhD September 9 th, 2014 1.

Tenure Systems and Community Forest Arrangements: Theory and Practice in British Columbia

FRST 415Guest Lecture: R. Patrick Bixler, PhD

September 9th, 2014 1

2

Imagine…

That you’re in the Interior BC temperate rainforest…

Tenure: What is it? Why is it important?

Relationship to “Property Rights”

Canadian Crown Tenure and British Columbia Tenure Types

Community Forest Agreements and Management

3

Agenda

Theory and Concepts: Differentiate between tenure, property rights, and Crown forest tenure

Application: Recognize different types of British Columbia forest tenure

Practice: Discuss community forest agreements and the benefits to communities

4

Learning Objectives

5

Tenure – What is it?


“Tenure” is a commonly misunderstood term It is often equated with

ownership, which is misleading

Generally, tenure refers to a variety of arrangements that allocate rights to land and its productivity

Characteristics: Sets conditions on those who hold

the rights to land Regulates access to and use of

resources 6


Tenure – Useful Definitions Land 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.

7

Tenure – Why is it important?

Some outcomes of secure tenure arrangements are:

Sustainable Forest Management Most 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

8

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 2011

10


Considered a bundle of rights

Rights, not objects are owned

Rights to use, but not to own or transfer

11


A Farmer in Africa: Overlapping Property Rights

Property Rights in Africa Video

http://www.wri.org/resources/videos/farmer-africa-overlapping-property-rights

12


In Canada, rights to many different products (or benefit streams) have different owners. Examples include: Trees for industrial use Subsurface minerals Fur-bearing animals Certain recreational services, i.e. guiding,

ecotourism, and skiing Governments retain rights to

productive capacity of land, water, fish and wildlife

Crown Forest Tenures in British Columbia

What is Crown Forest Tenure?

Crown forest tenure is characterized as variations in property rights

Authorized under the Forest Act, tenures reflect forest uses. Some examples include: Timber harvesting, road building, minerals,

ranching, many others

14


“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.

15


Small populations,

meagre budgets,

valuable public timber

Forest industry sought secure timber supply;

rural communities

needed stability

Sustainable development

and sustainable

forest management

became policy

objective

Dynamic social and ecological contexts,

legitimacy, transparency

16

1867 – 1940sEconomic Growth

1940s – 1980sSustained Yield,

Sustained Growth

1980s – 2000sSustainable Forest

Management

2000s – Present???


A timber tenure defines the arrangement between the province and a tenure holder Used to meet government management objectives

These arrangements can be agreements, licences or permits

They can be replaceable or non-replaceable

They are legally binding and provide specific rights for a period of time Vary in duration

17


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 60

VOLUME-BASED TENURES Forest Licence Pulpwood Agreement Community Salvage

Licence Timber Sale Licence

AREA-BASED TENURES

Timber Licence Tree Farm Licence Woodlot Community Forest

Agreement Community Salvage

Licence Timber Sale Licence First Nations

Woodland Licence

19


20


Tenure Types in BC

Forest Licence Replaceable

Forest Licence Non-Replaceable

BC Timber Sale / Licence to Cut

Tree Farm Licence

Other

Source: “Timber Tenures in British Columbia.” June 2012


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%


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 companies Social, economic and ecological pressures for

policy change

22

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 TENURE


24

ECOLOGICAL PRESSURES FOR CHANGE: MOUNTAIN PINE BEETLE EPIDEMIC

25


A SHIFT TOWARDS GOVERNANCE

Diffusion of government authority to broader network of actors

Increasing importance of actors beyond the traditional nexus of government and business

Decentralization of forest management authority

Community Forestry in British Columbia

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 values Prevalence of different worldviews and knowledges

Integrated into the management of forest ecosystems. (Bullock, Hanna, and Slocombe 2009)

27


Types of Community Forests:

Local government on fee simple land Organization owns the land outright Not bound by tenure conditions

Conservation Authorities Found mostly in Ontario

Local government on Crown land Local government constitutes principal administrative

unit and decision-making structure Forest organization

Non-profit organizations, cooperatives, for profit and not-for-profit corporations

28


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

agreements 3 additional pilot agreements in 2000 Some First Nations and some non-First Nation communities

2003 – 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 apply 2006 – 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

29


30

2%


Community Forests: Have performed well in providing local benefits

Local flow of fibre Democratic and participatory decision-making processes Larger emphasis on non-timber forest values and

management Some outstanding questions

Authority delegated to communities for strategic planning Non-conventional interests and knowledge systems

lacking voice Entry barriers (capacity) in to Community Forest

Agreements

31

32


COMMUITY FORESTRY IN BRITISH COLUMBIA

BRITISH COLUMBIA COMMUNITY FOREST ASSOCIATION

http://www.bccfa.ca/index.php/component/k2/item/4-watch-our-film?Temid=9

http://www.bccfa.ca/index.php/component/k2/item/4-watch-our-film?Temid=9

Once Again, Imagine…

33

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

FRST 415 Guest Lecture: R. Patrick Bixler, PhD September 9 th, 2014 1.

Documents

Transcript of FRST 415 Guest Lecture: R. Patrick Bixler, PhD September 9 th, 2014 1.