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An Independent Review of Forest Practices in Nova Scotia: Addendum

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An Independent Review of Forest Practices in Nova Scotia: Addendum An Independent Review of Forest Practices in Nova Scotia Addendum August 2018 William Lahey, BA, JD, LLM President and Vice‐Chancellor University of King’s College Halifax, Nova Scotia Foreword This addendum to Professor William Lahey’s Independent Review of Forest Practices in Nova Scotia includes background material and supporting documents prepared by the expert advisors who provided assistance to the Review. The writing of each section of this addendum has been led by the named author(s). All sections have been reviewed by other members of the Review team. In addition, this addendum includes an appendix of submissions that were prepared at Prof. Lahey’s request by other individuals and organizations. Contents 1 Forest Practices Review Process ........................................................................................................... 1 2 Summary of Provincial Forest Policy from 1980 to 2017 .................................................................... 13 3 The Natural Resources Strategy .......................................................................................................... 15 4 Condition of Nova Scotia’s Forests ..................................................................................................... 19 5 Nova Scotia Forest Industry – Overview ............................................................................................. 21 6 Ecological Considerations Related to Forestry ................................................................................... 25 7 Old Forests .......................................................................................................................................... 31 8 Clearcutting ......................................................................................................................................... 35 9 Herbicides ........................................................................................................................................... 45 10 Full‐Tree Harvesting ............................................................................................................................ 49 11 The Shores of Watercourses (Riparian Areas) .................................................................................... 51 12 Ecological Forestry .............................................................................................................................. 59 13 Balanced Forestry and the Triad ......................................................................................................... 61 14 Ecological‐based Silviculture on Crown Lands: Review of DNR’s Forest Management Guide ........... 69 15 Funding Silviculture in Nova Scotia ..................................................................................................... 77 16 Silviculture Reporting, Progress, and Accountability .......................................................................... 85 17 Different/Better Forestry: The Role of the Forestry Profession ......................................................... 91 18 Environmental Assessment of Forest Management ........................................................................... 99 19 The Impact of Emerging Technology on Forestry Practices .............................................................. 101 20 Brief Overview of the Forest Policy and Implementation Framework in British Columbia .............. 109 21 Market Access ................................................................................................................................... 117 Appendix A: Review of Nova Scotia Forest Practices: Terms of Reference .............................................. 133 Appendix B: Review of Forestry Practices in Nova Scotia: Discussion Questions from January 2018 Workshop of the Review’s Experts ........................................................................................................... 135 Appendix C: Forest Management in Nova Scotia: A Summary and Reflection on Provincial Forest Policy from 1980 to 2017 .................................................................................................................................... 141 Appendix D: State of Nova Scotia Forest and Biodiversity Review (2017) ............................................... 143 Appendix E: Workshop Notes: Opportunities for Consensus and Conflict Resolution in Forestry .......... 145 Appendix F: Input from Nova Scotia Forest Science Advisory Committee ............................................... 153 References ................................................................................................................................................ 157 INDEPENDENT REVIEW OF FOREST PRACTICES IN NOVA SCOTIA – ADDENDUM 1 Forest Practices Review Process (Prepared by David Foster) On August 30, 2017, Natural Resources Minister Margaret Miller announced that Professor William Lahey, President of the University of King’s College and professor of law at Dalhousie University, was appointed to lead a review of forest practices in Nova Scotia. Prof. Lahey’s mandate is to examine current forest practices and market situations and to make recommendations for how to improve the balance of environmental, social, and economic goals in Nova Scotia’s forests. The report was to be delivered to the Minister of Natural Resources at the end of February 2018, though this was later extended to the end of April 2018. The terms of reference for the Review (DNR 2017d) define the scope as follows: The Review will examine current practices, including strengths and weaknesses, and provide recommendations for improvement regarding how Nova Scotia balances long‐ term environmental, social and economic interests in managing the province’s forests. In particular, the Review has the mandate to examine the following components: 1. Evaluate the effectiveness and identify opportunities to improve the legislation, regulations, policies and guidelines, as well as the science‐based tools that determine whether and where harvesting occurs, as well as the harvesting methods (e.g.: clear cut, partial harvest) that can or should be used. 2. Evaluate market access for private forest owners, particularly in the western region, and provide recommendations to address any identified issues. The Lahey Review commenced in September 2017 and, over the course of eight months, involved the input of expert advisors, stakeholder consultations, field trips led by DNR, industry, and ENGOs, and workshops involving various stakeholders and advising experts. This process is briefly summarized here. 1.1 Expert Advisors To assist in the Review, Prof. Lahey assembled a team of expert advisors to provide detailed insight into the technical aspects of forest management, forest ecology, and forest economics. Prof. Lahey held two full weeks of meetings with most of the members of the team of independent advisors: one in January and one in February. In addition, Prof. Lahey and various members of his team examined forest conditions and forest practices in the field. Site visits were held in all three regions, and different field visits were led and organized by DNR, industry representatives, and environmental representatives. The expert advisors included Dr Peter Duinker, professor, School for Resource and Environmental Studies, Dalhousie University Al Gorley, President of Triangle Resources Inc., former Assistant Deputy Minister of Forests in BC, and founding Chair of BC’s Forest Practices Board Dr Malcolm L. Hunter, Jr, professor of Wildlife Ecology and Libra Professor of Conservation Biology, University of Maine Dr Robert Seymour, professor emeritus and formerly Curtis Hutchins Professor of Forest Resources, Quantitative Silviculture, University of Maine 1 INDEPENDENT REVIEW OF FOREST PRACTICES IN NOVA SCOTIA – ADDENDUM Mr Laird Van Damme, RPF, senior partner, KBM Resources Group, and external adjunct professor, Natural Resources Management, Lakehead University Mr Chris Wedeles, wildlife biologist, partner, Aborvitae Environmental Services Ltd Dr Jeremy Williams, RPF, forest economist, partner, Arborvitae Environmental Services Ltd In addition, Prof. Lahey was assisted by David Foster, research associate at Dalhousie University. 1.2 Assistance from Other Individuals and Organizations A number of additional individuals and organizations provided contributions at Prof. Lahey’s request: 1. Nathan Ayer, a graduate student at Dalhousie University, provided a policy review: Forest Management in Nova Scotia: A Summary and Reflection on Provincial Forest Policy from 1980 to 2017 (Appendix C). 2. The Mersey Tobeatic Research Institute provided a review of the Nova Scotia Department of Natural Resources State of the Forest 2016 report and reports on biodiversity modules: State of Nova Scotia Forest and Biodiversity Review (Appendix D). 3. The Mersey Tobeatic Research Institute also organized a workshop: “Opportunities for Consensus and Conflict Resolution in Forestry” (Appendix E). 4. Nova Scotia’s Forest Science Advisory Committee provided advice on the key issues of concern for biodiversity with respect to forestry (Appendix F). 1.3 Department Briefings Prof. Lahey and his team received presentations by DNR staff to familiarize the Review team on forestry and forest policy in Nova Scotia: Acts, regulations, and the Natural Resources Strategy The state of Nova Scotia’s forests Biodiversity in Nova Scotia Forest industry overview Code of Forest Practice and ecosystem‐based
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