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Tenure Systems and Community Forest Arrangements: Theory and Practice in British Columbia
FRST 415Guest Lecture: R. Patrick Bixler, PhD
September 9th, 2014 1
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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
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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
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Learning Objectives
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Tenure – What is it?
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 – What is it?
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.
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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
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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
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From Tenure to Property Rights
Considered a bundle of rights
Rights, not objects are owned
Rights to use, but not to own or transfer
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From Tenure to Property Rights
A Farmer in Africa: Overlapping Property Rights
Property Rights in Africa Video
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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 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
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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.
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What is Crown Forest Tenure?
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
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1867 – 1940sEconomic Growth
1940s – 1980sSustained Yield,
Sustained Growth
1980s – 2000sSustainable Forest
Management
2000s – Present???
What is Crown Forest Tenure?
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
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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
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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
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What is Crown Forest Tenure?
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What is Crown Forest Tenure?
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
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%
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 companies Social, economic and ecological pressures for
policy change
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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.
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CONVERSION TO AREA-BASED TENURE
Pressures for Tenure Policy Change
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ECOLOGICAL PRESSURES FOR CHANGE: MOUNTAIN PINE BEETLE EPIDEMIC
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Pressures for Tenure Policy Change
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)
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Community Forestry in BC
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
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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
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
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Community Forestry in BC
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2%
Community Forestry in BC
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
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Community Forestry in BC
COMMUITY FORESTRY IN BRITISH COLUMBIA
BRITISH COLUMBIA COMMUNITY FOREST ASSOCIATION
Once Again, Imagine…
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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.
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