Shishalh Nation Speaks...

Within the Tsain-Ko FSP Public Response Letter posted below there are references to the shishalh Nation and to the Shishalh Land Use Plan. To understand why this is so, it must be borne in mind that Tsain-Ko Forest Development Corporation is owned by members of the shishalh Nation and the logging cutblocks are within shishalh traditional territory.

On January 11, 2008, the following document appeared on page A26 of the 'Coast Reporter,' a newspaper that serves the Sunshine Coast. It will be quoted in its entirety:

Statement of the shishalh Nation on our Aboriginal title and rights to shishalh Nation Territory

On November 20, 2007 the BC Supreme Court released a landmark decision in the Tsilhqot'in Nation's Aboriginal Title and Rights trial. This decision confirms that Aboriginal Title in B.C. has never been extinguished and continues to aply to lands, resources and waters which have sustained First Nations culturally, spiritually, economicially and socially since time immemorial. The decision further clarifies that, where Aboriginal Title exists, Provincial Crown jurisdiction does not.

shishalh Nation Aboriginal Title is a legal interest in the lands and resources of our Territory, and includes the right to decide how those lands and resources will be used, and share in the benefits from the development of our Territory. The shishalh Nation does not accept the Province acting as if our Aboriginal Title does not exist. The Province must respect the law of this land. Once again, the Court calls upon governments to recognize our Aboriginal Title and Rights to our Territory and engage in meaningful negotiations.

The shishalh Nation is putting all residents, businesses and governments within our Territory on notice that we intend to continue to exercise, and defend, our Aboriginal Title and Rights.


It is our responsibility to protect shishalh Nation Aboriginal Title and Rights, so that our Territory will continue to sustain our present and future generations. The shishalh Nation is prepared to work with the residents, businesses and governments within our Territory on that basis. However, the law is now clear that there can be no further use of our lands and resources without the consent of the shishalh Nation, and without meaningful recognition and accommodation of our Title and Rights.

A copy of the Tsilhqot'in decision can be accessed through: http://www.courts.gov.bc.ca/sc/

For more information on the shishalh Nation, please visit our website at: www.secheltnation.ca

Court Decisions Establishing Aborignial Title and Rights & Duty to Consult and Accommodate

Title Cases:

Tsilhqot'in Nation v. British Columbia, 2007 BCSC 1700 (.pdf - 485 pgs)

Delgamiuukw v. British Columbia, [1997] 3 S.C.R. 1010

Consultation and Accommodation Cases:

Haida Nation v. British Columbia (Minister of Forests), 2004 SCC 73

Musqueam Indian Band v. British Columbia (Minister of Sustainable Resource Management), 2005 BCCA 128

Comments on Tsain-Ko's Public Response Letter

I would just like to make a few initial comments on Tsain-Ko's FSP Public Response Letter. I notice in the timeline at the beginning of the letter Mr. Forester fails to mention that the Forest Stewardship Plan and maps were initially placed in the Sechelt Public Library which is an hour drive from the communities affected by the logging. Some library staff had no idea the documents were there and those that did pointed to a corner table where the maps were rolled up in a bundle. It was due to the initiative of the staff at the Egmont Museum that these documents finally became accessible to all community members. Because of this oversight, the period for public comment was extended.

The FSP document itself is a technical document and makes no sense to a lay person. This, of course, is no fault of Tsain-Ko and its management staff. It is the provincial government which bears responsibility for not requiring a document easily understandable by the public.

I would like to jump to the end of the letter to 'Comparisons with the "Courtnall" property.' The community was well aware that the Private Managed Forest Land Act governed those lands and that those laws differed substantially from the laws governing crown tenure. There was no animosity but frustration that we had to deal with more logging so soon after PNR had finished its fine forest management job across the Skookumchuck Narrows. Now, the community had more logging coming in from the backside. Did Tsain-Ko expect to be greeted with open arms? If the shishalh Nation or some of its members took this frustration personally then they should not be in the logging business. Perhaps the fault lies with Mr. Warren Hansen of Chartwell Consultants. He of all people as a former employee of Canfor knew what reaction to expect from the community since under Canfor he had presented those same cutblocks to us a few years back. Those logging plans weren't welcomed then; did he think they would be welcomed now?

Tsain-Ko Response Letter...cont'd

(this is the continuation of the Tsain-Ko FSP Public Response Letter started in the post below)

Oppostition to forestry and road building around watersheds based on concerns for water users and water quality
We acknowledged the high sensitivity to this issue and have implemented the following measures for cutblocks where operations may have an impact on licensed watersworks:

- Retained a water quality expert to assess and make recommendations in cutblocks within the Ruby Lake, North Lake, and Waugh Lake watersheds.

- Postponed our harvesting within Waugh Lake watershed in order to complete a full range of planning initiatives (Shishalh Land Use Plan) and allow full consultation with the Egmont Advisory Group.

Using Equivalent Clear-cut Area as the principal indicator from the Coastal Watershed Assessment Procedure Guidebook, 1999, and combined with the other results/strategies in this FSP, the risk of road construction and cutblock harvesting to community watersheds can be managed at a level consistent with the objectives set by government. The CWAP guidebook also considers the effects of road density and the potential for mass wasting. Given advances in road construction techniques, company best practices and environmental monitoring systems, which include identifying sediment sources, prescribing sediment and erosion control measures, water quality drainage structures that provide for natural drainage, the use of geotextile fabric, rock ditches and ditch berms, rock sumps, revegetation of disturbed soils, timing of construction and deactivation of roads after use, it is felt that road density and harvesting effects are adequately managed through company BMPs and through the practice requirements of the FPPR.

The strategy also commits during the course of normal operations to utilize qualified professionals to assess terrain stability, to monitor CWAP factors and to design major stream crossing structures, which will reduce the risk of road and harvesting impacts to water quality. Risk rating (likelihood of sediment delivery or mass wasting events compbined with the consequences of those occurrences) will be done by qualified professionals such as hydrologists, foresters, engineers or geologists.

Where multiple licenses are operating in a CWS, the holder will take into consideration those factors that contribute to the overall amount of harvesting and road construction in the CWS and will n ot harvest or construct road(s) when the thresholds will be exceeded.

Logging adjacent to the Skookumchuck Provincial Park
To date, we have not completed our planning for the area; however, we offer the following comments:

- The Park both serves to provide for a robust tourist attraction and to provide for Old Growth management. The legal boundaries of the park have been established and we have determined that our harvest proposals will be at least 30m away from the nearest park boundary. It is our intentenion to have a windfirm boundary and will proscribe windthrow proofing techniques along the harvest boundary to further protect the park.

- All western red cedar and Douglas Fir veteran trees (old growth) will be left with the harvest area where safely possible.

- We have postponed our harvesting plans in Waugh Lake watershed until 2009 to allow several planning initiatives to take place (i.e. Advisory Group, Shishalh Land Use Plan).

Concerns over impacts to local recreation and tourism
We have developed a harvesting strategy that wi presented in the public meeting. This strategy was developled from past concerns about maintaining visual buffers from important recreational/tourism corridors in the Egmont area. OUr harvesting wll be consistent with this initiative.

Windthrow and visual management buffer issues for cutblock boundaries adjacent to Egmont Road shown the FSP maps (blog note: see 'Logging Maps' in right column)
We have employed a visual "thinning" of over 100m wide to help "hide" the harvesting along Egmont Road. Our advisory committee has walked some of these buffers for their input. concerns over windthrow hazard along the Egmont Road will require windthrow assessments on these corridors and potentially windfirming treatments will take place to reduce tree "sail" and silhouette of windthrow prone dominant and co-dominant coniferous (Fd, Cw, Hw) trees adjacent to the falling boundary. The treatment will consist of the removal of 30 - 70% of the tree crown (i.e. retaining 30 - 70% of the live crown) in a spiraling pattern, evenly distributed around the stem. Up to 50% of Hw can be topped, removing 30 - 50% of the live crown (i.e. retaining 50 - 70% of the live crown. Treatment of red alder is not required. All tree crown modifications shuld be done prior to feeling the block. (blog note: Fd = Douglas Fir, Cw = Western Cedar, Hw = Western Hemlock. Hemlock is very susceptible to windthrow).

Plan for other non-Egmont operating areas
Perception that the public consultation process was flawed
During the FSP consultation process, we endeavoured to seek comment from various members of the community to initially assist us with the plan. Although not perfect, the FSP process has given us a "jump point" to facilitate the community in a more meaningful and sincere manner. With help of the SCRD, we support the advisory group concept with the community and are committed to this process.

Interest in sustainable approach to forestry and logging
It is important to remember that a sustainable approach to means having a long-term tenure with meaningful long-term planning. Tsain-Ko, however, currently has a short-term tenure (five year) in order to fulfill an agreement with the Ministry of Forest and Shishalh Nation. It is our intention to be operating with the Egmont area for the long term and to be able to build on a sustainable approach (Eco-based Management) in the future. We believe with the community involvement, we can build a foundation towards this goal once a long-term agreement becomes a reality.

Comparisons with the "Courtnall" property
During our FSP consultation process, we have been compared to the harvesting on the Courtnall Property across the Skookumchuck Narrows from Egmont (blog note: See 'Friends of Egmont - Saving Egmont Point' under 'Sites Worth Visiting' in right column). This property is private land and is government by a whole different set of regulations. We feel this comparison crated community animosity against our planned development and developed unwarranted mistrust towards the shishalh Nation. On crown land, we operate within the forest and Range Practices Act legislative framework, which holds Forest Professionals and companies accountable to ensure that our harvesting will not look like the "Courtnall" property. Clearly our blocks will fit the landscape in a much more acceptable pattern, including high standards for visual, reparian and biodiversity management and reforestation. Please refer to [this website link (pdf)] which summarizes the regulatory framework government our operations.

The proposed Forest Stewardship Plan has been reviewed by yourselves and the affected First Nations. Your comments form a part of the information that was considered during preparation of the final document, which has now been submitted to the Ministry of Forests and Range with a request for approval.

Please do not hesitate to contact the undedrsigned at (604) 885-7142 or Warren Hansen, R.P.F. with Chartwell Consultants at (604) 740-7105.

Yours truly,
Cam Forrester, R.P.F.
Consulting Forester
_____________________

Chasken Management Group
Warren Hansen
Operations Forester
Chartwell Consultants Ltd.

Submitted on behalf of Ken Snedden, Sechelt Creek Contracting Ltd - Under Management Agreement of Tsain-Ko Development Corp., P.O. Box 740, Sechelt, B.C. Canada V0N 3A0. (604) 885-2273, Fax (604) 885-3490

Tsain-Ko's FSP Public Response Letter...

The Forest Practices Act requires logging companies to present their Forest Stewardship Plans (i.e. logging plans) before the public who could have an interest in those plans. The public can comment on those plans and the logging companies are required to address any concerns and to respond back to members of the public who have made submissions. Well, we waited and waited for Tsain-Ko's response to our submissions but no response came and then a Friends of Egmont member received a call from Tsain-Ko's Consulting Forester. He, um, had lost all the emails sent to him. He had neglected to save them and when his ISP went down in in the summer....whoosh, all gone! Well, FOE obliged Mr. Cam Forrester (who by the way, has never formally thanked us) and he could now prepare the required FSP Public Response Letter and send it out. However, to give insult to injury, FOE has never received this response letter; but, someone gladly shared their letter with us and we are now going to post it to this blog. It is a long letter and so we recommend you grab a cup of coffee or tea and make yourself comfortable. Here goes...

December 13, 2007
FSP Public Response Letter
Tsain-ko Forest Stewardship Plan

Dear...

This letter is a general response to public input into the Tsain-Ko Forestry Development Corporation's (TKFDC) Forest Stewardship Plan (FSP) for the Sunshine Coast and the shishalh Traditional Territory, received during May - June, 2007. The source of comments and concerns were overwhelmingly related to the Egmont, North Lake and Waugh Lake areas. There were also several general comments directed to concerns related to operating areas outside of the Egmont area. This letter relies on a review of all comments received but with emphasis on the June 6, 2007 "complaint" letter form the Friends of Egmont, which is considered to have solicited a broadly representative segment of the citizens of Egmont presented an exhaustive and articulate airing of concerns with the TKFDC's FSP and operating plans.

The form of the responses which were received by representatives of TKFDC were as follows:

1) Friends of Egmont, formal complaint letter and petition with approximately 469 signatures;
2) Approximately 63 e-mails;
3) 21 letters;
4) 3 phone calls; and
5) 35 post cards were received by representatives of TKFDC. (See attachment 1: TKFDC FSP Communication Ledger)

The TKFDC FSP consultation process has followed this timeline:
- March 30, 2007 draft FSP submitted to the Sunshine Coast Forest District;
- March 23 & 30, 2007 - Notice placed in the Coast Reporter announcing the public review and consultation period;
- April 05, 2007 - Copy of FSP deposited with the Egmont Museum
- April 05, 2007 - Open house held at the TKFDC office in Sechelt:
- May 4, 2007 - Notice placed in the Coast Reporter announcing a public meeting for May 23 and an extension of the official review and comment period to May 30, 2007. Notices also placed in public space in Egmont in early May, 2007;
- May - June, 2007 - Receipt of numerous responses mainly related to concerned residents and other concerned by forestry developments in the Egmont, North Lake and Waugh Lake areas.

Since the open house in Egmont, Chaskin Management has been working with an Sunshine Coast Regional District directed advisory group to review our current harvesting plans. This group is comprised of various members of the community within the Ruby Lake, North Lake and Egmont areas. To date, the group has met several times including three site visits of the proposed harvesting. Although the group is in its early inception, we are encouraged with the group's deep commitment to ensuring that community values are held paramount.

The comments received can be categorized into several main themes:

A. Opposition to forestry and road building around watersheds based on concerns for water users and water quality;
B. Logging adjacent to the Skookumchuck Provincial Park;
C. Concerns over impacts to local recreation and tourism;
D. Windthrow and visual management buffer issues for cutblock boundaries adjacent to Egmont Road shown on the FSP maps;
E. Plans for other non-Egmont operating areas;
F. Perception that the public consultation process is flawed;
G. Interest in a sustainable approach to forestry and logging;
H. Comparisons with the "Courtnall" property.

(to be continued)

BC Timber Sales & Sakinaw Lake

The Friends of Egmont owes a big apology to the folks at Sakinaw Lake. News of a proposed cutblock for the area came just as we were running out of stream and we didn't get their story up on this blog. We will now make amends for this oversight.

When news first broke of this proposed cut, the property owners quickly organized and set up a great website. That site is now listed in the 'Sites Worth Visiting' column on the right (see: BBSA - Sakinaw Lake). It will supply you with all the background information.

Here is the latest word from Sakinaw:

Hi Everyone,

We are a couple months away now from the auctioning of the cut-block of in Bear Bay Forest to the logging companies. We were hoping that we have saved the forest and the Interpretive trail by this time however some progress has been made.

Guided Tours---
The weekly guided tours have been happening every Saturday at 2pm since October. Thanks to Carole Logtenberg, Tia Mclennan, John Dafoe, Anne Harmer and John Field for leading the tours! We've had a positive turn out throughout the weeks that included groups like the Pender Harbour Scouts and our MP Blair Wilson.

Cut Block Dimensions---
The latest cut-block map sent to us by BC Timber Sales has seen a decrease in the cut block size from 89 to 55 acres see map: http://www.bearbay.ca/index.php/bearbay/photograph/74/). Although we are encouraged by it's reduction and the saving of the Steam Donkey the new cut block dimensions still threaten the Coho Salmon in Mixal creek, it still destroys most of the Interpretive Trail, the same amount of Old-Forest ecosystem is being cut, the Red-Legged frog
habitat in the Riparian areas are still threatened, and visual impacts from Mixal Lk and Pender Hill continue to exist.

Pender Harbour Chamber of Commerce---
Based on the overwhelming positive response from people who have hiked the trail, Pender Harbour definitely has some going for it from an eco-tourism industry perspective that will help local businesses year after year if the Forest is saved. I have contacted the Chamber of Commerce and requested a meeting to discuss the natural assets of the community and how to properly market them. I hope to have a meeting with them in February or March.

Bear Bay Forest Video---
The music licensing rights have finally been granted to the BBSA to allow the public showing of the video on Coast Cable. Coast Cable has received the video and are anxious to get the video aired. The video is now available on the Internet (YouTube) and can be viewed from our website at www.bearbay.ca. Please check it out! DVD copies are also being sent out to key individuals.

More still needs to be done---
We need more letters to be written. If you haven't already - please visit the Take Action! page of our website to send out letters to the mentioned individuals http://www.bearbay.ca/bearbay/take_action/).
Letters to the editors are very effective as well. Donations allow us to put ads in the newspapers. YOUR IDEAS on how we can save the forest our most welcome! Please send me an email on your thoughts.


Thank you everyone - Be sure to check out the Bear Bay Forest video at http://www.youtube.com/watch?v=UUWRv8X7rV0

Ryan

Ruby Lake Logging Begins...

The Friends of Egmont has received two updates today and it is time to catch up on events regarding the logging planned for the north end of the Sunshine Coast from Pender Harbour to Egmont.

The first update comes from 'Troch' at Ruby Lake:

"Losing the Battle"

It was with a heavy heart that I started up the road to Ambrose Lake with the sound of chain saws ringing in my ears. A pair of ravens perched in trees at the corner of Timberline and Cedarridge appeared to be as disconcerted as I was. My fears were confirmed as I walked up the road. Tsain-Ko is proceeding with their plans to "harvest" the cutblock at the north end of Ruby Lake.

For those of us who live in the area, the implications await. Bird, amphibian and other wildlife populations will be immediately impacted with the loss of valuable habitat. Anyone getting their drinking water from the north end of Ruby Lake now lives with the threat of changes to water quality, as the marked cutblock extends well down the slope to Ruby Lake. Timberline Road will continue to decay under the strain of loaded trucks. Our air is fouled with the noise and smell of the destruction, carefully orchestrated so as not to involve the summer tourist season - don't want the rest of the world to notice our shame until its too late.

Mature forest is becoming a rarity on the Sunshine Coast. Government sanctioned "management" consists of turning as many trees as possible into nearly worthless lumber as quickly as possible. Safe, clean drinking water is not a right of any resident and the current commitment to global warming can't see the forest for the dollar signs.

I weep with the earth.

troch

(for pre-forest management pics, click on 'Ruby Lake' in the postings column to the right)