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The situation and the evolution of forest management by Aboriginal people in British Columbia Hasegawa, Atsuko 2001

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THE SITUATION A N D T H E E V O L U T I O N OF FOREST M A N A G E M E N T B Y ABORIGINAL PEOPLE IN BRITISH C O L U M B I A  by  ATSUKO HASEGAWA B.S. Toyo E i w a Women's University, 1995 A THESIS S U B M I T T E D IN PARTIAL F U L F I L M E N T OF T H E R E Q U I R E M E N T S F O R THE DEGREE OF M A S T E R OF SCIENCE in THE F A C U L T Y OF G R A D U A T E STUDIES (Resource Management and Environmental Studies)  We accept this thesis as conforming to the required standard  THE UNIVERSITY OF BRITISH C O L U M B I A A p r i l 2001 © Atsuko Hasegawa, 2001  In p r e s e n t i n g t h i s t h e s i s i n p a r t i a l f u l f i l m e n t of the requirements f o r an a d v a n c e d d e g r e e a t t h e U n i v e r s i t y o f B r i t i s h C o l u m b i a , I a g r e e t h a t t h e L i b r a r y s h a l l make i t f r e e l y a v a i l a b l e f o r r e f e r e n c e and s t u d y . I f u r t h e r a g r e e t h a t p e r m i s s i o n f o r e x t e n s i v e c o p y i n g o f t h i s t h e s i s f o r s c h o l a r l y p u r p o s e s may be g r a n t e d b y t h e h e a d o f my d e p a r t m e n t o r by h i s o r h e r r e p r e s e n t a t i v e s . I t i s u n d e r s t o o d t h a t c o p y i n g or p u b l i c a t i o n of t h i s t h e s i s f o r f i n a n c i a l g a i n s h a l l not be a l l o w e d w i t h o u t my w r i t t e n p e r m i s s i o n .  Department of  f2eSa*r<:c M«**J**+*Z  The U n i v e r s i t y o f B r i t i s h Vancouver, Canada Date  Afrit 0~oo/ 2?-.  Columbia  4  &*i'irv*v**>>&/  SVWAay  Abstract This thesis addresses the situation of First Nations people in forestry of British Columbia. Aboriginal people in British Columbia have been involved in the forest industry as laborers since the 1850s when the commercial logging operations began in the province, but have been politically and economically marginalized in the industry. The institutional and economic factors not only have restricted aboriginal people to control over forest resources on their traditional lands but have affected their forest management practices. For aboriginal communities, it is a critical issue that protecting old growth forests, with which they are culturally associated, without giving up economic benefit generated from harvesting these forests. In order to suggest possible changes and approaches for shaping native forest management in the existing institutional and economic frameworks, I examined the issues of provincial forestry and analyzed how these issues effect and interact with aboriginal people. It is important but difficult for First Nations to obtain forest tenure because their resource management is related to their land rights. However, the issues of aboriginal people in forestry overlap with those of the province. Thus, perspectives and participation of aboriginal people is critical for the government and the industry. Forestry of British Columbia is in transition and has begun to consider the potential contribution of aboriginal people to sustainable forestry. Therefore, aboriginal people have a significant role to play in the future of forestry.  Table of Contents Abstract  ii  Table of Contents  iii  List of Tables  v  List of Figures  vi  Acronyms  vii  Acknowledgements  viii  INTRODUCTION  1  C H A P T E R 1: F O R E S T A N D A B O R I G I N A L P E O P L E : K E Y ISSUES O F F O R E S T .  4  1.1  T H E W O R L D  4  1.2  C A N A D A  1.3  B R I T I S H C O L U M B I A  1.4  A B O R I G I N A L P E O P L E  5 7 A N D F O R E S T S  1.5  V A L U E S O F O L D G R O W T H  1.6  F O R E S T P R O T E C T I O N  12  F O R E S T S  14 19  C H A P T E R 2: N A T I V E F O R E S T M A N A G E M E N T IN B R I T I S H C O L U M B I A 2.1  C U R R E N T  2.2  I N S T I T U T I O N A LA N D E C O N O M I C B A R R I E R S  I S S U E S  O F N A T I V E F O R E S T  22  M A N A G E M E N T  23 25  2.2.1 Timber and Non-Timber Resources 2.2.2 Education and Training 2.2.3 Employment Opportunity 2.2.4 Market 2.2.5 Forest Tenure 2.3  I S S U E S  O F T H EF O R E S T  T E N U R E  2.4  I M P L I C A T I O N O F T H EF O R E S T  2.5  T H E R O L E S  S Y S T E M  T E N U R E  O F F I R S T N A T I O N S  25 26 28 30 34 38  S Y S T E M F O RF I R S T N A T I O N S  39  I N F O R E S T R Y  40  2.5.1 Community Forestry 41 2.5.2 Traditional Ecological Knowledge (TEK) and Holistic Approach toward Forest Management 43 C H A P T E R 3: C A S E STUDIES O F F O R E S T M A N A G E M E N T B Y F I R S T N A T I O N 3.1  T H E  T L ' A Z T ' E N  N A T I O N :  A  C A S E  S T U D Y  O F  F O R E S T  M A N A G E M E N T  W I T H  47 A  L I C E N C E  48  3.1.1 Description of Tree Farm Licence (TFL) Area 3.1.2 Background of Obtaining the TFL 3.1.3 Tanizul Timber and Community Development 3.1.4 Dilemmas 3.2  T H E W E S T B A N K N A T I O N :  F O R E S T  A  C A S E  S T U D Y  O F U N A U T H O R I Z E D L O G G I N G O N C R O W N  48 49 49 51 L A  52  3.2.1 Description of ihe Timber Supply Area (TSA)  52 iii  3.2.2 Background of the Protest Logging: Land Claim and Forestry in the Claimed Area 3.2.3 Interpretation of the Delgamuukw Decision 3.2.4 Implications of the Protest Logging by the Westbank Nation 3.3  T H E  N I S G A ' A N A T I O N :  A  C A S E  S T U D Y O F F O R E S T  M A N A G E M E N T  U N D E R  S E L F - G O V E R N M . .  3.3.1 Description ofNisga 'a Lands 3.3.2 History of Forestry in the Nass Valley 3.3.3 Background of the Nisga 'a Treaty 3.3.4 Forestry Implications of ihe Nisga 'a Agreement 3.3.5 Remaining Concerns for Forest Management on Nisga 'a Lands  69  I N S T I T U T I O N A L C H A N G E  69  4.1.1 Reallocation of Forest Tenure 4.1.2 Defining and Balancing the Roles of Each Party 4.2  S O C I O - E C O N O M I C  69 70  C H A L L E N G E  72  4.2.1 Educational and Training Programs 4.2.2 Employment Opportunity 4.2.3 Market Cultivation 4.3  .55  56 59 61 63 67  CHAPTER: 4 RECOMMENDATION FOR THE FUTURE 4.1  53 54 55  72 73 74  E N V I R O N M E N T A L S T R A T E G Y  76  4.3.1 Protection of Old Growth Forests 4.3.2 Timber Harvest Volume and Logging Systems 4.3.3 Data Collection  76 77 78  SUMMARY  80  APPENDICES  87  A P P E N D I X  A:  F O R E S T  A P P E N D I X  B:  D E F I N I T I O N O F A B O R I G I N A L  A P P E N D I X  C:  C H R O N O L O G Y  A P P E N D I X  D:  T E N U R E S H E L D B Y FIRST N A T I O N S I N B R I T I S H  SPECIES  W I L D L I F E I N C A N A D A  O F B R I T I S H  D E S I G N A T E D  W H I C H O C C U R  C O L U M B I A  B Y  C O L U M B I A ,  1991  R I G H T S  T H E  I N B R I T I S H  87 88  F O R E S T  C O M M I T T E E C O L U M B I A  T E N U R E O N  S Y S T E M  T H E  S T A T U S  89 O F  E N D A N G E R E D 91  GLOSSARY OF TERMS  93  REFERENCES  97  iv  List of Tables Table N o . Table 1.1 Table 1.2 Table 1.3 Table 3.1  Page Top twelve countries with most o f the world's remaining frontier forest, 1997 7 The ten largest timber companies and their allowable annual cut ( A A C ) in British Columbia,2000 9 Total protected area in British Columbia 19 Harvest volume from Nisga'a Lands other than Indian reserves 66  v  List of Figures Figure N o . Figure 1.1 Figure 1.2 Figure Figure Figure Figure Figure  1.3 1.4 1.5 1.6 2.1  Figure 2.2 Figure 3.1  Page Forest land ownership in Canada 6 Distribution of forest regions and Timber Supply Areas ( T S A s ) in British Columbia 11 Forest land ownership in British Columbia 8 O l d growth forests in British Columbia 18 Area logged annually in British Columbia, 1975-1997 16 Growth of protected areas in British Columbia 20 Consumption of lumber in North and Central America and the world, 1970-1994 33 First Nations mentioned in Chapter 2 and 3 46 Aboriginal territories in the Nass Watershed 58  vi  Acronyms  AAC AIP CES CFPP CFS CSD FAO FL FNFP FSC GDP IAIP IFABC INCN IPF IRM LUCO MOF NAFA NAFTA NEE NFA PAS PSYU RISI SBFEP TEK TFL TL TSA TSL UNCED WRI WTO  Allowable Annual Cut Agreement-in-Principle Cortes Ecoforestry Society Community Forest Pilot Project Canadian Forest Service United Nations Commission on Sustainable Development Food and Agriculture Organization o f the United Nations Forest Licence First Nations Forestry Program Forest Stewardship Council Gross Domestic Product International Alliance o f the Indigenous-Tribal Peoples o f the Tropical Forests Intertribal Forestry Association o f British Columbia International U n i o n for the Conservation o f Nature and Natural Resources Intergovernmental Panel on Forests Integrated Resource Management Land Use Coordination Office British Columbia Ministry o f Forests National Aboriginal Forestry Association North American Free Trade Agreement Nisga'a Economic Enterprise Corporation Nisga'a Final Agreement Protected Areas Strategy Public Sustained Y i e l d Unit Resource Information System, Inc. Small Business Forest Enterprise Program Traditional Ecological Knowledge Tree Farm Licence Timber Licence Timber Supply Area Timber Sale Licence United Nations Conference on Environment and Development W o r l d Resources Institute World Trade Organization  Vll  Acknowledgements I am very grateful to many people who helped to clarify the ideas in this thesis and who encouraged its completion through their comments and support. I wish to thank the members of my thesis committee -Dr. Charles Menzies, Dr. Les Lavkulich, and Dr. Brian Compton for their help. I thank my friends, Ratana Chuenpagdee, Alicia Hayman, and Otoe Yoda for their support throughout the graduate program and more than that. Thanks also to my parents and brothers. Without their understanding and encouragement, I would never complete this thesis.  Introduction Aboriginal people o f British Columbia have been economically and politically marginalized in the forest industry since the first systematic commercial forestry operation began in the province in the 1850s (Cassidy and Dale, 1988: 87, Hayter and Barnes, 1997: 3). This marginalization has resulted from institutional changes in the province and economic globalization. Under such institutional and economic conditions, aboriginal people have little access to forest resources, forest leases, tenure, and employment opportunities. However, aboriginal people have, since time immemorial, lived in and have used forests, thus their perspectives o f and participation in provincial forestry should have a significant influence on the environmental, economic, and institutional aspects o f forestry. For aboriginal people, understanding and living within a particular environment in a sustainable manner has been a matter o f survival (Turner, 1997: 179). There is a common understanding that aboriginal people have distinctive cultural ties to nature, which is reflected in their traditional forest use. Turner (1997) emphasizes spiritual relationship o f aboriginal people o f British Columbia with trees, while Walkem (1994) describes the importance o f old growth forests for First Nations in the province. Drengson and Tayler (1997) mention sustainability o f aboriginal people o f Clayoquot Sound on Vancouver Island who have cultural ties to the natural environment. O n the other hand, aboriginal people have difficulty in carrying out their conventional forest practices under the existing forest tenure system. M a n y native communities consider the forest sector as a means o f their economic development and some o f them have overexploited forests on their lands (Menzies and Butler, n.d.; Nathan, 1997: 137). Therefore, involvement o f First Nations in the contemporary economy necessary raises questions about the possibility o f sustainable forestry. One o f the major factors which affect the evolution o f forest management practices by aboriginal people is the forest tenure system. It is important for aboriginal people to obtain forest tenure, since the forest tenure system is the most powerful tool o f forest management in British Columbia outside o f the settlement o f their land claims (Notzke, 1994: 83). However, the tenure system is advantageous only for large-scale forest operators and excludes aboriginal people, small business, and communities from the forest industry. Forest management o f First Nations people is significant to the settlement their land claims, and  1  transfer o f the resource management authority may cause institutional and economic complications. Thus, the provincial government is cautious in tenure reform and treaty negotiations with First Nations. The Nisga'a Treaty was ratified i n A p r i l 2000 as the first modern treaty in the province, and threw light on the long neglected history o f First Nations. O n the other hand, most o f the remaining treaty negotiations between the government and First Nations are ongoing at a slow pace. The protest logging by the band members o f the Westbank Nation in 1999, for example, revealed the frustration o f First Nations regarding resolving their land claims, as well as their struggles for obtaining forest tenure (Beatty and Pemberton, 1999a). Logging o f old growth forests is another controversy, since it results in environmental and socioeconomic damage and loss o f cultural heritage. Deforestation is a global concern and British Columbia has great opportunity and responsibility for maintaining old growth forests in the province. However, the forest industry is one o f the most important economic activities in British Columbia and vast areas o f these forests have been clearcut. Aboriginal people are confronted with a similar problem because both cultural values o f old growth forests and forest-based economic development are important for them. Thus, protecting old growth forests without giving up economic benefit is a critical issue for aboriginal people and the province. Forestry o f British Columbia is in transition. The fundamental idea o f provincial forestry has begun to address more comprehensive, integrated resource management. In such a transition, aboriginal people play a significant role in forestry o f the province, not only because their issues o f forest management overlap with those for the province but because they have potential to sustainable forestry through their cooperation with other parties and through their incorporating indigenous knowledge. The goal o f this thesis is to suggest possible solutions and strategies for shaping forest management by aboriginal people o f British Columbia to increase their control over forest resources on their traditional lands within the existing institutional and economic frameworks. In order to achieve this ultimate goal, this thesis has the following objectives: 1. To describe the current forestry issues and the importance o f old growth forests as well as the significance o f indigenous knowledge o f forest ecosystems, 2. To categorize and analyze the institutional and economic factors that affect forest management by aboriginal people,  2  3. To examine the implications o f forest tenure for aboriginal people to manage forests on their traditional lands, and 4. To suggest possible institutional and economic change in forestry o f British Columbia and to examine the roles o f aboriginal people in the dynamics. These objectives are met in the following four chapters. Chapter 1 outlines the significant features o f forests and forestry and the international recognition o f indigenous knowledge. The issues o f old growth forests, including clearcut logging, forest protection, and the environmental and cultural values o f these forests, are described, as well as the implications of old growth forest depletion for aboriginal people in British Columbia. Chapter 2 focuses on the limited access o f aboriginal people to forest resources. The institutional and economic factors, which affect native forest management, are related to each other, but the forest tenure system is mainly argued in this chapter. Incorporating indigenous knowledge and promoting community forestry are addressed as the effective approaches to the encouraging o f native forest management within the existing frameworks. In Chapter 3, three case studies o f native forest management illustrate the significance o f obtaining forest tenure for aboriginal people to manage forests on their traditional lands. This chapter mentions the implications o f the Delgamuukw decision o f 1997 and the Nisga'a Treaty for other First Nations regarding native forest management. In Chapter 4,1 review the issues o f forestry o f British Columbia to examine how these issues effect and interact with aboriginal people. Based on the argument, I suggest the institutional changes, socioeconomic challenges, and environmental strategies for improving the situation o f aboriginal people in provincial forestry. A l l the data and information sources are updated as to March 2001, but the issue is evolving.  3  Chapter 1: Forests and Aboriginal People: Key Issues of Forestry It is well known that forests are important as ecosystems and as home to a variety o f floral and faunal species and human beings. For example, 50 to 90 percent o f all organisms presently live in tropical rainforests, and many o f these can live nowhere but rainforests (People & the Planet, 1996). Forests maintain environmental conditions from local hydrologic cycles to global climate with carbon storage and sequestration. These ecological functions are critical for the existence o f life on the Earth. In addition, in many cultures, people live off forests and use forest products as food and medicines. Especially aboriginal people have not only distinctive cultural and spiritual connection with their land but traditional knowledge o f forest ecosystems ( C F S , 1997: 46). In order to examine the potential contribution o f aboriginal people to forestry, this chapter first outlines the environmental and socioeconomic aspects o f forests and forestry in the world, in Canada, and in British Columbia. The following section mentions the international recognition o f aboriginal people and their traditional ecological knowledge ( T E K ) regarding sustainable forestry. The later part o f this chapter further focuses on old growth forests, since clearcutting o f these forests is a critical issue o f forestry in British Columbia.  1.1 The world During the last few decades, the international community has emphasized the environmental and social aspects o f forests, including conservation o f biological diversity (biodiversity), conservation o f soil and water, provision o f employment and recreational opportunities, enhancement o f agricultural production systems, and production o f natural and cultural heritage ( F A O , 1999). In 1995, the area o f the world's forests was estimated to be approximately 3.5 billion hectares, which is about one-fourth o f the Earth's land area ( F A O , 1999). According to a report by the Food and Agriculture Organization o f the United 1  Nations (FAO) (1999), the global forest area declined by 2 percent or 100 million hectares during the 1980s. Between 1990 and 1995, there was a net loss o f 56.3 million hectares o f forests in the world ( F A O , 1999).  The major causes o f change in forest cover are expansion  The area of the world's forests includes n a t u r a l forests a n d forest plantations (FAO, 1999). This n u m b e r represents a balance of deforestation of 65.1 m i l l i o n hectares i n developing countries a n d a n increase of 8.8 million hectares of forests i n developed countries (FAO, 1999). 1  2  4  of subsistence agriculture in Africa and Asia, large economic development programs involving resettlement, agriculture and infrastructure in Latin America and A s i a , afforestation and reforestation including natural re-growth on land abandoned by agriculture in developed countries ( F A O , 1999). Deforestation is considered as an urgent issue because it is related to multiple environmental and social problems. In 1987, the World Commission on Environment and Development o f the United Nations discussed the environmental impacts o f global population growth and industrialization. The Commission presented the well known Brundtland Report, which provided guidelines for global forests. The report called for a new global commitment to "sustainable development" and highlighted the potential contribution of indigenous knowledge and experience for the achievement o f sustainable development (Bombay, 1996: 9). Five years later, the United Nations Conference on Environment and Development ( U N C E D ) , also known as the Earth Summit, was held in R i o de Janeiro, Brazil. Sustainable development was emphasized again with discussion related to environmental protection, indigenous knowledge and forest practices at the conference (Bombay, 1996: 9). In the p o s t - U N C E D period, the United Nations Commission on Sustainable Development (CSD) has monitored the member countries' compliance with commitments made at the U N C E D and has facilitated further international cooperation. In A p r i l 1995, the C S D established the Intergovernmental Panel on Forests (IPF) to consider forest-related issues, including traditional knowledge, biodiversity, and progress made on forest practices since the 1992 meeting in R i o de Janeiro (Bombay, 1996: 9). In 1997, the World Resources Institute (WRI) reported on the world's dramatic decline o f original forests and the status o f the large remaining tracts, referred to as "frontier forests" (Bryant, et al., 1997). In the report, the W R I expressed its concern that many o f the last frontier forests are threatened by human activities such as logging and clearing for agriculture. The report advocated preventing further loss o f these forests by a balanced approach to forest management, one that protects biodiversity and simultaneously provides environmental functions for people.  1.2 Canada Canada is symbolized by its abundant natural resources, particularly by vast forests, which account for approximately 10 percent o f the Earth's forest area. These forests cover  5  417.6 million hectares, which is about half o f the Canadian landscape ( C F S , 2000b). Thus, forests are a critical feature o f Canada's economy, culture, and history. In ecological terms, there are eight forest regions in Canada, ranging from temperate rainforest in British Columbia to the slow-growing forests at the Arctic tree line ( C F S , 1999b: 5). Each region comprises a unique distribution o f fauna and flora, and the array o f ecosystems provides diverse habitats for an estimated 140,000 species o f plants, animals, and microorganisms, including about 180 tree species across the country ( C F S , 1999b: 5). The federal government owns and is responsible for a very substantial proportion o f the forest lands, and most o f these forests are within the Yukon and Northwest Territories. Under the Canadian Constitution the provincial governments have primary responsibility for forest management and oversee most o f Canada's forests that are owned by the public. These forests are under provincial or federal jurisdiction with some managed by or in cooperation with the territorial governments. The remaining forests are privately owned (Figure 1.1) ( C F S , 2000b). Private 6% Federal & territorial 23%  Figure 1.1 Forest land ownership in Canada (CFS, 2000b)  About 235 million hectares or over half o f the total forest land are considered commercial forests. Currently, 119 million hectares o f forests (28.5 percent o f the total forested area) are managed primarily for timber and approximately one million hectares, which accounts for 0.4 percent o f Canada's commercial forests, are harvested each year ( C F S , 1999b: 4). In 1998, the contribution o f the forest industry to Canada's Gross Domestic Product ( G D P ) was  6  $18.2 billion (21.6 percent o f the national G D P ) and the forest sector provided 877,000 employment (1 job in 16) ( C F S , 1999b: 26; Statistics Canada, 2000). Forest-based tourism and recreation are also relatively big business, contributing $11 billion in 1996 (Canada's Forest Network, 2000). Besides timber harvesting, other forest-related activities such as hunting, fishing, trapping, berry and mushroom picking are important for cultural, spiritual and material needs o f Canadians. According to the W R I report by Bryant, Nielsen, and Tangley (1997), Canada is one o f the countries that still has a large proportion o f original forest cover (Table 1.1). In other words, Canada has great opportunity and responsibility for maintaining large areas o f these forests, which represent unique ecological features and the opportunity to conserve biodiversity. In 1995, 7.6 percent o f Canada's forests were protected by either legislation or policy ( C F S , 1999b: 5).  Table 1.1 Top twelve countries with most o f the world's remaining frontier forest, 1997 (Bryant, Nielsen, and Tangley, 1997: 21)  Global Rank 1 2 3 4 5 6 7 8 9 10 11 12  Country Russia Canada Brazil Peru Indonesia Venezuela Colombia United States Zaire Bolivia Papua N e w Guinea Chile  Total Frontier Forest (000 K m 2 )  Percent o f The World's Total Frontier Forest  3,488 3,429 2,284 540 530 391 348 307 292 255 172 162  26 25 17 4 4 3 3 2 2 2 1 1  1.3 British Columbia In British Columbia forest land covers approximately 60 million hectares, which is twothirds or 65 percent o f the province's land area ( C F S , 2000b). The province is divided into six forest regions for administrative and management purposes and into fourteen major climatic and ecological subdivision known as biogeoclimatic zones (Figure 1.2, 1.3).  7  Biogeoclimatic zones represent areas o f broadly homogeneous macroclimate and provide a framework for considering the ecological diversity o f the province. Each zone has numerous habitats, ranging from dry to wet and from forested to non-forested ( M O F , 1995: 27). In British Columbia the province's Forest Service manages the provincial forest in cooperation with the agencies responsible for environment, tourism, and other natural resource values ( M O F , 1998). Most o f the forests are owned by the public under jurisdiction of the provincial Crown (Figure 1.3) (CFS, 2000b).  Private  Federal  Figure 1.3 Forest land ownership in British Columbia ( C F S , 2000b)  Forests are also important from an economic stance because the forest industry has supported the economy o f the province for long time. In 1994, forestry and related industries accounted for 7.5 percent o f province's GDP, 60 percent o f exports, and 15 percent o f direct and indirect employment. In the same year, forest product exports contributed more than $14 billion to the province ( M O F , 1996). Large timber companies, which own most o f the province's forest tenure, have dominated the forest industry in British Columbia. B y the 1970s, the corporate control o f the forests has occurred, and most o f the forests on Crown land have been in the hands o f powerful multinational corporations, which have access to huge tracts o f forest. In 1975, the largest ten companies controlled 86 percent o f the allowable annual cut ( A A C ) on the Coast and 53 percent o f the A A C in the Interior (May, 1998: 190). Currently, the dominant corporations control nearly 60 percent o f the A A C in the province (Table 1.2) ( W R I , 2000: 72). This is controversial because forest management by large timber companies has been mostly timber 8  volume-based, which is not always the best for long-term sustainability. It is also argued that the large companies' domination excludes small business, First Nations, and communities from the forest industry. First Nations have claimed vast areas where the corporations operate their forestry enterprises.  Table 1.2 The ten largest timber companies and their allowable annual cut ( A A C ) in British Columbia, 2000 ( W R I , 2000: 72)  Company Canfor Corp. Weyerhaeuser C o . Slocan Forest Products L t d . West Fraser Timber Co. L t d . Doman Industries L t d . International Forest Products L t d . Skeena Cellulose Inc. Riverside Forest Products L t d . Weldwood o f Canada Ltd. (Chamion International Corp.) TimberWest Forest Corp. Total ( A l l Top Ten)  Total A A C (m3) 8,305,438 7,252,374 6,209,038 4,204,134 4,080,471 3,554,877 2,337,550 2,306,776 2,111,909 1,492,596 41,855,163  Percent Total o f B.C. 11.8 10.3 8.8 6.0 5.8 5.0 3.3 3.3 3.0 2.1 59  Most forest lands in British Columbia are overseen by the provincial government under a timber licensing system, which is also called the tenure system, originating in the mid- 1880s (see also Chapter 2). The existing provincial Forest Act has evolved from the original Act o f 1912, but the current tenure system is rooted in legislative changes made in the mid 1940s when the province recognized that provincial forests were not inexhaustible. Concerns about the increase o f industrial demand for secure timber supplies and about inadequate reforestation led to the appointment o f a Royal Commission to study forestry in the province that was headed by Chief Justice Gordon Sloan in 1945. In 1947, the current Forest Act was 3  amended taking the recommendation from the Commission into consideration. The concept of "sustainable yield" was integrated into the Act, which was the beginning o f forest management in British Columbia whereby forests are managed on a long-term basis for a  The Sloan Royal C o m m i s s i o n recommended tenure arrangements that w o u l d support "sustainable yield" i n 1945. The recommendations closely parallel Chief Forester Orchard's earlier memo.  3  9  variety o f uses ( I F A B C , 1991: 5 6 )  4  Based on the notion that volume-based forest management is not economically and environmentally sustainable, a more comprehensive approach has been taken in the policies and forest programs o f the province recently. The approach emphasizes sustainable forest management considering protection o f forest ecosystems, non-timber values o f forests, longterm stability o f forest-based communities, and the negotiation o f treaties with First Nations, as well as increasing forest productivity. Especially during the last decade, the Ministry o f Forests ( M O F ) has begun to integrate protection o f non-timber values into forest management. Restructuring o f the forest tenure system in the Forest Act in 1994 is an example, and its associated regulation, the Forest Practices Code of British Columbia Act, has promoted forest management for both timber and non-timber values. The Ministry o f Forests also introduced guidelines on biodiversity, on wildlife tree management, and on riparian management for reducing environmental damage and maintaining biodiversity, as well as the Protected Areas Strategy. The Forest Renewal Plan, which is a Crown corporation established in 1994, reinvested the wealth generated by public forests and forestbased communities for sustainable forest economy. British Columbia has been involved in the global debates on environmental sustainability since the U N C E D in1992 by participating as a part o f the Canadian delegation. A t the U N C E D , British Columbia supported international agreements such as the Forest Principles,  5  the Convention o f Biological Diversity, the Convention on Climate Change, and Agenda 21.  The royal Commissioner Gordon Sloan defined "sustainable yield" as "a perpetual yield of wood of commercially usable quality from regional areas in yearly or periodic quantities of equal or increasing volume." This is one of the U N C E D Agreements officially called Non-Legally Binding Authoritative Statement of Principles for Global Consensus on the Management, Conservation and Sustainable Development of All Types of Forests. 4  5  10  Figure 1.2 Distribution o f forest regions and Timber Supply Areas ( T S A s ) in British Columbia ( M O F , 1995: 39)  11  1.4 Aboriginal People and Forests Indigenous people are recognized for their strong association with their forests all over the world. Although some cultures have already lost or are losing forests, many indigenous people still have cultural and spiritual ties to nature and use forest resources in a traditional way. This is perceived to be ecologically sustainable. These indigenous people take what forests provide; food and drink, medicines, pesticides, fuels, clothing, and shelter. In addition, their full use o f forests includes other social activities such as hunting, fishing, trapping, and berry picking. For aboriginal people in Canada, forests are an essential part o f their heritage and future. Some 80 percent o f aboriginal people live in boreal or temperate rainforest areas where they have developed cultural and spiritual connection to their ancestral land including forests ( C F S , 1997: 46). In British Columbia, there are 197 First Nation bands representing approximately 1,650 or 72 percent o f Canada's 2,300 Indian reserves ( B . C . Ministry o f Aboriginal Affairs, 1996). M a n y o f these reserves are located along the ocean or beside rivers and lakes where the soil is rich and productive. O f the total 343,741 hectares o f Indian reserves, approximately 50 percent are classed as productive forest lands, which can produce commercial crops o f timber within a reasonable time period, under the provincial forest ministry standards ( I F A B C , 1991). Forests provide both renewable and non-renewable resources; these include timber, forage, wildlife, fuel, shelter, food, employment, and stable income to First Nations, i f properly managed. Thus, for many First Nations in British Columbia, their forests are not only an essential part o f their culture but are a major opportunity for social and economic development. However, forests on many Indian reserves are seriously depleted due to lack o f adequate forest management over the last several decades. Harvest timber volume from Indian reserves was 371,000 cubic meters in 1988 and dropped to about 313,000 cubic meters in the following year. Yet the number is still far above that compared to the annual average o f harvesting for the previous five years o f 151,000 cubic meters ( I F A B C , 1991: Attachment #7, p. 1). Another dilemma, with which some native communities are confronted, is that their conventional forest use based on traditional knowledge is incompatible with the modern forest practices, on which they are economically dependent. There are some examples o f  12  clearcutting by aboriginal people. Therefore, the question arises, is forest management by 6  First Nations necessary more environmentally sustainable than forest operations by nonnatives. First Nations have their own lifestyles, which reflect their association with forest ecosystems in clan lines, kinship, and rituals. M u c h o f their oral history and sacred stories are related to the forest landscape, especially old growth forests. These stories, that are based on the ideas o f using natural resources with respect and are passed down from one generation to another, are known as traditional ecological knowledge ( T E K ) . Concerns about deforestation and other related environmental degradation has increased interests o f international groups in indigenous people and their T E K for the last few decades. The first international awareness o f the environmental issues was the United Nations Conference on the Human Environment held in Stockholm in 1972. In 1980, the world Conservation Strategy developed by the International Union for the Conservation o f Nature and Natural Resources ( I U C N ) began to call attention to the importance o f T E K in dealing with ecological concerns. T w o years later, the Commission on Ecology o f the I U C N founded a Working Group on Traditional Ecological Knowledge. Since then, the World Commission on Environment and Development o f the United Nations has played an important role in connecting traditional ecological knowledge and sustainable development. In its Brundtland report in 1987, the Commission called for an international commitment to sustainable development referring to Aboriginal communities as "repositories o f vast accumulations o f traditional knowledge and experience" ( C F S , 1997: 48). The Earth Summit in 1992 emphasized the linkage between sustainable development and indigenous rights and indigenous knowledge. A t the U N C E D , Agenda 21 and other agreements, including the Convention Biological Diversity and the Forest Principles, recognized that indigenous knowledge is useful and critically important to development and cultural survival o f indigenous peoples and that use o f this knowledge can contribute to the conservation o f biodiversity and sustainable forest management (Bombay, 1996: 8). The potential contribution o f indigenous knowledge to the solution o f environmental  The forest area near A n a h i m Lake in the west Chilcotin has been clearcut. The Ulkatcho Indian b a n d and the Alexis Creek Indian b a n d has a n A A C in the area (Vancouver S u n , 1999b). The Tsartlip Indian b a n d has built a logging road on Mayne Island, and conservation groups are concerned about clearcutting on the area (Vancouver S u n , 1999c).  6  13  problems has also been recognized by the international community, especially since the Earth Summit in 1992. In terms o f forest management, traditional knowledge and skills demonstrate the flexibility o f resource management by indigenous people as well as their strong association with the natural environment (IAIP, 1995). Forest practices by indigenous people consist o f traditional knowledge o f tree species and forest ecosystems, and their vast experience in timber harvesting is considered as an example o f sustainable use o f forest resources (IAIP, 1995). In 1996, the National Aboriginal Forestry Association ( N A F A ) presented a paper on forest-related Aboriginal knowledge and practices at the Intergovernmental Panel on Forests (IPF), but the number o f projects and studies on indigenous knowledge o f forestry is minimal. In addition, very little indigenous knowledge, which represents an enormously valuable database o f the history o f interaction between communities and their changing environment including its floral and faunal resources, has been recorded (Warren, 1992).  1.5 Values of Old Growth Forests O l d growth forests are important for many reasons including timber, biological diversity, recreation, cultural and spiritual association, and aesthetic values. In an ecological sense, old growth forests are critical wildlife habitat and genetic pools because a number o f floral and faunal species live and sustain a complex biodiversity in those forests. For example, the Pacific coast temperate forest is a rich habitat for more than 1,000 species o f invertebrates, and the canopies support communities o f those invertebrates including predator and parasitic insects and many unidentified species (Harding, 1994: 263). A l s o , many threatened or endangered and vulnerable wildlife species require some aspects o f old growth forest habitat, and some o f them cannot survive anywhere else (Harding, 1994: 254-255). The economic value is also important because the forest industry and governments are making billions o f dollars by harvesting old growth forests, which are valued for their high volume o f merchantable wood (Boyd, 1999). In British Columbia, for First Nations whose traditional territories include old growth forests, these forests are culturally and spiritually important (Corsiglia and Snively, 1997; Walkem, 1994). First Nations on the Northwest Coast o f the province, for example, have been associated with red cedar forests, which are considered sacred, and use trees as materials for canoes, longhouses, totem poles, baskets, clothing, foods and medicines as well  14  as for ceremonies and spiritual healing (Walkem, 1994: 2-3). O n the other hand, First Nations in the Interior have found that their needs may be met by the vast expanses o f old growth o f ponderosa pine as a source o f foods and medicines and as a place for hunting and fishing (May, 1998: 185, Walkem, 1994: 2-3). Therefore, the question o f how much old growth forests remains i n British Columbia is highly relevant to maintaining biodiversity in forest ecosystems because continued logging o f old growth forests may threaten wildlife species and decrease genetic diversity. It is also pertinent to retaining First Nations' traditions and culture, since the transformation and the depletion o f the old growth forests by logging and other intrusions threaten their cultural heritage. There is no exact data o f the area o f old growth forests in British Columbia, but M a c K i n n o n and Void's (1998) inventory shows that old growth forests cover 26.8 percent o f the province (25.3 million hectares or 41.7 percent o f the total forest land) (Figure 1.4) and younger forests cover 36.1 percent o f the province (34.1 million hectares or 56.3 percent o f forest land) (p. 311). The Land Use Coordination Office ( L U C O ) estimates the areas o f old 7  growth as over 26 million hectares ( L U C O , 1998a). In British Columbia, where commercial logging started about 150 years ago, public lands that have been logged must be reforested by law (Harding, 1994: 265). However, reforestation has been underway for about 60 years and forests have not been replanted as rapidly as those that have been harvested (Harding, 1994: 263). Most forests, which are currently cut, can be considered as old growth by tree age and species composition and those forests are results o f natural regeneration, not o f reforestation (Harding, 1994: 252, 265).  8  Once harvested, old growth forests cannot be replicated even by the most intense silvicultural practices (Harding, 1994: 263). The focal point o f loss o f old growth forests is the method o f logging: clearcutting that removes an entire stand or crop o f trees in a single harvest, creating a fully exposed area with a distinct microclimate is the most common method ( M O F , 1995). Clearcutting and  M a c K i n n o n and Void (1998) used the following definitions of old growth forests for their inventory: for coastal British Columbia, 251 + years for all forest types; for interior British Columbia, 141 + years for most forest types, and 121 + years for stands dominated by lodge-pole pine or deciduous species (p. 309). The forest inventory by M a c K i n n o n and Void's (1998) estimates that old growth forests account for about 40 percent of the total forest land of the province. This gap is caused by the lack of simple classification or common definition of old growth forests. 7  8  15  reforestation have converted large areas o f natural old growth forests to managed forests, which may be productive for timber and still sound for many wildlife species. However, managed forests have quite different ecosystems from naturally disturbed forests. Even i f they mimic natural forests by forest management, some aspects o f old growth forest ecosystems may not survive (Harding, 1994: 256). Clearcutting disrupts forest ecosystems more than partial logging (Harding, 1994: 257). Protection o f old growth forests in British Columbia has been growing for the last few decades as the public concern about biological diversity and about other ecological values o f old growth forests has increased. However, both the number and the size o f remaining old growth stands are decreasing. Figure 1.5 shows that most o f harvested areas in British Columbia have been clearcut during the last couple o f decades regardless o f the total harvested volume. In 1995, 92 percent o f the total cutblocks and 97 percent o f the cutblocks in the coastal region in British Columbia was harvested by clearcutting (Greenpeace, 1997a).  300 250 o 200 •g $ 150 £ 5 100 ^ g 50 O X 0  iiiillllliiTJ  Piii  nUTotal Harvesting (ha) H C l e a r c u t (ha)  & & & $P c?> c?> c?> ^ N  N  N  <s* NT  K  J  NT  K<£> J  NT  J  Year Figure 1.5 Area logged annually in British Columbia, 1975-1997 (Canadian Council o f Forest Ministers, 2000) There is a large controversy about clearcutting. The environmental movement advocates maintaining old growth forests, while some forest scientists, ecologists, and forest industry representatives believe that clearcutting is silviculturally the best method for Canada's forests. For example, the Canadian Institute o f Forestry (1994) states that clearcutting is the safest harvesting method for those who work in the forest and has proven to be the most economical way o f harvesting in many o f Canada's forests (p. 56). O n the other hand, clearcutting causes problems by affecting streamflow and aquatic habitats, disturbing forest  16  succession and changing species composition, damaging culturally significant areas and culturally modified trees, and reducing recreational and aesthetic values (Kimmins, 1994). These problems interact with one another. For instance, the loss o f biodiversity and habitat fragmentation from clearcutting o f old growth forests can have economic, social, and environmental repercussions. It is also important to recognize that most First Nations have expressed their concern or dislike for clearcutting although they do not oppose it when it comes to logging for themselves ( I F A B C , 1991: 26). Thus, there is continued controversy about the volume and logging method o f old growth forests as a critical issue not only for environmental conservation but also for economic activities and cultural identity.  17  Figure 1.4 O l d growth forests in British Columbia (MacKinnon and Void, 1998: 311)  1.6 Forest Protection Protection o f forests is important for maintaining forest ecosystems and cultural heritage. In British Columbia, the provincial government introduced the Protected Areas Strategy to make forestry more sustainable and committed to protect 12 percent o f the landmass o f the province in 1991. The Protected Areas Strategy has two goals; one is to protect viable, 9  representative examples o f natural diversity in the province and the other is to protect the special natural, cultural heritage and recreational features o f the province ( L U C O , 1998a). The program has made significant progress and the total protected area keeps increasing (Table 1.3, Figure 1.6). However, only a little over 9 percent o f the forest land was protected in 1996 ( M O F , 1996). According to Greenpeace (1997a), nearly 69 percent o f the protected areas were non-forested, alpine forest, and rock and ice. This indicates that increasing the amount o f protected areas is not necessarily protecting forest land or old growth forests. This is in spite o f the recognition that protecting forest ecosystems is important because many wildlife species inhabit in forest land, particularly in old growth forests, and some o f them are endangered or threatened.  Table 1.3 Total protected area in British Columbia (Gunton, 1997: 67; L U C O , 1999) Year 1975 1980 1985 1990 1995 1996 1997 1998 1999  Provincial Total Protected Area (ha.) Land Base (%) 4,569,401 5.0 4,592,256 5.0 4,750,432 5.0 6,139,070 6.5 8,669,500 9.2 8,682,634 9.2 8,978,022 9.5 10,078,712 10.6 10,767,615 11.4  The Protected Areas Strategy was originally intended to protect 12 percent of representative ecosystems, for example, 12 percent of each forest type. However, the provincial government has changed the original goal into protecting 12 percent of the entire l a n d base.  9  19  Figure 1.6 Growth o f protected areas in British Columbia ( L U C O , 2000)  20  O l d growth forests are an important part o f the Protected Areas Strategy. Total old growth forests in protected areas is at least 3.2 million hectares, which accounts for 32 percent o f all protected areas and about 12 percent o f over 26 million hectares o f old growth forests in British Columbia ( L U C O , 1998a). Considering the original intention o f the program to protect 12 percent o f representative ecosystems, it has achieved the task for the areas o f old growth forests. However, there remains a question, is the 12 percent o f old growth forests reasonable enough to be protected? In other words, what w i l l happen to the remaining unprotected old growth forests? In fact, commercial forest lands include 18.4 million hectares o f old growth forests and the rest o f the unprotected old growth forests are in areas open to industrial activities such as harvesting and mining (Marchak, Aycock, and Herbert, 1999: 3 8 ) .  10  This implies that non-timber values o f these forests are neglected.  Chapter Conclusion Both Canada and British Columbia have an opportunity to contribute to the approach and process that aims to apply indigenous knowledge to the management o f forests because o f abundant forest resources and aboriginal people who are culturally associated with old growth forests. Accordingly, protection o f these forests is environmentally, socially, and culturally important and aboriginal people in British Columbia w i l l have great potential contribution to forestry at international and local levels. However, there is a fact that traditional forest use by aboriginal people in the province has evolved and their forest management is questionable regarding sustainability because o f clearcut logging by themselves. The economic conditions have driven aboriginal people to exploit forests on their lands and consequently to lose their cultural and spiritual ties to forests. Therefore, it is important for aboriginal people to make their stance o f forest management less controversial by shaping and directing their approach to forestry.  Estimation of old growth is based on MacKinnon and Void's data assuming that the proportion of old growth forests is equally distributed between commercial and noncommercial forests (Marchak, Aycock, and Herbert, 1999: 38). 10  21  Chapter 2: Native Forest Management in British Columbia The first Europeans came to British Columbia in the late 1700s for the fur trade, then settlements brought agriculture, fish processing and logging in the 1800s. The first systematic commercial forestry operation began in the 1850s in the Northwest coast o f the province. Since then, aboriginal people throughout the province have been involved in the forest industry as laborers, independent contractors, and small, family business owners, but have been excluded in the larger provincial economic and political realms. During the 1920s, the forest industry became tougher for small operators, such as aboriginal people, as a result o f changes in technology, marketing, and C r o w n land leasing (Cassidy and Dale, 1988: 87). The Depression o f the 1930s hastened the demise o f small native firms (Cassidy and Dale, 1988: 88). When the industry expanded rapidly in the 1950s and 1960s, the chair o f the West Coast District Council o f Indian Chiefs stated that they felt more isolated from resources to which they have claim, than at any time in the past (Willems-Braun, 1997: 99). Forest operations by non-natives on traditional territories o f First Nations did not provide sufficient employment opportunity for aboriginal people. Aboriginal people have also been struggling to overcome radical shifts i n their way o f life (Nathan, 1993: 137). Some o f them have been forced to relocate to other reserves with a concomitant disruption o f family and social ties and most have been faced with economic problems including unacceptably high unemployment rates (Nathan, 1993:137). U n t i l recently, First Nations whose communities and traditional territories were part of, or were surrounded by licensed harvesting areas, have not been consulted about forest operations or their needs. Thus, vast forests, including old growth forests, have been clearcut without reference to long-term sustainability o f either forest ecosystems or native communities ( N A F A , 1997b). Despite the marginalized situation, aboriginal people have knowledge o f forest practices and many native communities think o f the forest sector as a means to economic selfsufficiency (Nathan, 1993: 137). However, there are institutional and economic barriers that affect and exclude aboriginal people from the forest sector. This chapter examines these barriers for further understanding the issues o f native forest management in British Columbia. Two possible ways, which increase First Nations' control over forests in their traditional lands under the current institutional and economic frameworks, are described in the last section o f this chapter. 22  2.1 Current Issues of Native Forest Management The relationship between First Nations and the governments or the forest industry is undergoing a process o f fundamental change. For example, the federal government is promoting involvement o f First Nations in forestry, based on a notion that respecting aboriginal rights is important for international initiatives ( C F S , 1997: 49). The B . C . government addressed aboriginal rights in the provincial forest policy and instituted the Protection o f Aboriginal Rights Policy, which requires consultation with aboriginal communities affected by resource development on Crown lands ( C F S , 1997: 86). In 1991, the B . C . government made a commitment to negotiate modern treaties with First Nations and the federal government for solving issues o f land and resource management and ownership. This is a new relationship, which is based on partnership and mutual respect between the government and First Nations in the province. The treaty negotiation is open to all First Nations in British Columbia and addresses social, economic, and environmental concerns. Currently, fifty-one First Nations in the province (representing about 70 percent o f the aboriginal population) are negotiating treaty terms  11  with the government. Three o f them  are in the very early stages; ten are negotiating framework agreements; thirty-seven are negotiating agreement-in-principle (AIP); the Sechelt Nation is negotiating a final agreement; and the N i s g a ' a Nation has ratified a treaty ( C F S , 1999b: 91). These interim agreements have encouraged native communities and First Nations have started owning forest companies. However, First Nations are not satisfied with forest management practices in their traditional territories where outside operators carry out most logging operations. Traditional territories o f First Nations are often located outside Indian reserves that are beyond their control, so that only a small portion o f economic and social returns from logging on these lands goes to First Nations. In 1991, the Intertribal Forestry Association o f British Columbia ( I F A B C ) recommended As recommended by the B r i t i s h C o l u m b i a Claims T a s k Force, a six-stage process is u s e d for negotiating treaties: 1 .The Statement of Intent 2. Preparation for Negotiations 3. Negotiation of a Framework Agreement 4. Negotiation of a n Agreement i n Principle 5. Negotiation to Finalize a Treaty 6.Implementation of the Treaty The process is voluntary a n d is open to a l l First Nations i n B r i t i s h C o l u m b i a (B.C. Ministry of Aboriginal Affairs, 1996). 1 1  23  that the provincial government establish a First Nations Forestry Council for increasing First Nations' participation in the forest sector. The Council completed its work in 1995 and submitted a strategic plan to the province emphasizing involvement o f First Nations in all aspects o f the forest sector ( N A F A , 1997b). The provincial government has also involved aboriginal organizations in reviewing business opportunities for aboriginal people and the policy framework in the forest industry under the National Forestry Strategy commitment. Currently, British Columbia has a specific legislative provision for access to timber on Crown land by First Nations. The forest industry is also in transition, and First Nations have started working with nonnative companies through joint ventures ranging from limited employment, to participation in forest management decision making, to full partnership. In 1995, there were more than fourteen active joint ventures; these were forest harvesting, silviculture contracting, sawmilling and manufacturing ( N A F A , 1997b). Some o f these joint ventures take into account First Nations' traditional ecological knowledge. A notable case is the final report o f the Scientific Panel for Sustainable Forest Practices in Clayoquot Sound, which emphasized the importance o f First Nations' knowledge and interests about forest standards and practices for the area ( N A F A , 1997b). In addition to the relationship with the government and the industry, there have been significant positive developments and events during the last decade, such as the establishment o f the First Nations Forestry Council, the development o f strategic plans and studies to increase First Nations' participation in the forest sector, and involvement o f aboriginal coordinators and students in universities ( N A F A , 1997b). In 1996, the First Nations Forestry Program (FNFP) started to improve the economic conditions o f aboriginal communities by assisting First Nations with building their capacity to manage forest resources on reserves. The program also promoted the establishment o f a partnership o f First Nations with both governmental and non-governmental organizations and native participation in off-reserve forestry activities. F N F P plays an important role in promoting First Nations' business development by assisting First Nations in many stages, including silvicultural activities, business planning, business management and related workshops, seminars, and training initiatives. In the 199899 fiscal year, 56 projects out o f 96 submitted proposals received $ 871,000 total funding from F N F P to implement forestry-related projects such as training program and forest  24  inventories ( C F S , 1999a). Business development is one o f the key elements o f the projects approved under the F N F P , and many o f these aboriginal groups that received funding have completed the initial phases o f their projects and re-applying for further funding ( C F S , 1999a). For example, running a tree seedling nursery is an important business for First Nations. The Nuu-Chah-Nulth Tribal Council, which involves fourteen native bands on Vancouver Island, has concentrated on the establishment o f a tree seedling nursery with seedlings that are used to reforest the bands' own forests and sold to local forest products companies ( I F A B C , 1991: Attachment #7, p. 12). The five Nuu-Chah-Nulth Central Region Bands own M a - M o o k Development Corporation aiming at comprehensive community development and forestry training programs, which may increase jobs for the band members. F N F P is funding the corporation to undertake work on non-timber products from the Clayoquot Sound area (Pacific Forest Centre, 2000). However, there are still difficulties in getting native owned business started. First Nations are usually faced with a shortage o f financial support not only capital but also loans because reserve lands are held in trust by the Crown and cannot be used as collateral ( I F A B C , 1991). The lack o f business skills and assistance programs for developing primary industry o f First Nations is also a concern, as well as the shortage o f native-owned silvicultural business and facilities.  2.2 Institutional and Economic Barriers 2.2.1 Timber and Non-Timber Resources Although about half o f Indian reserves are considered as productive forest lands, First Nations do not have access to larger areas for forest management, since most cutblocks o f the accessible timber are already under licences to non-native corporations. It is unlikely that the ten biggest forest companies (listed in Table 1.2), holding about 60 percent o f the A A C in the province, w i l l be willing to give up licences. In 1991, the total A A C for Forest Licences owned by First Nations was 128,374 cubic metres ( I F A B C , 1991: Attachment #7, p. 8). The harvest volume controlled by First Nations increased to 852,328 cubic metres in 1999 as a result o f the Community Forest Pilot Project (CFPP) ( W R I , 2000: 74).  1 2  12  The increased number indicates that First Nations have more  This amount was calculated by averaging the amount per year from each First  25  access to timber resources, yet the availability o f greater forest management inputs into the larger cutblocks under the current tenure system. The Indian Act also restricts the access by First Nations to forest resources in their traditional territories, since ultimate control o f Indian reserves is vested in the Ministry o f Aboriginal Affairs. Another provision o f the Indian Act requires First Nations to combine forest in their reserves with the licensed provincial forests in order to implement forest management.  13  Therefore, timber resources, to which First Nations have access both on- and  off-reserves, are limited. The access to non-timber resources for First Nations is influenced by silvicultural practices such as clearcutting and monoculture reforestation, whereas the access to timber resources is limited by institutional factors. A s mentioned earlier, clearcutting damages forest ecosystems and landscapes, and it results in degradation o f wildlife habitat and loss o f medicinal plants and berry picking sites. The increase o f sediment o f rivers, in which aboriginal people traditionally catch salmons, affects fish habitats and salmon stock and spawns. Demands for recreational hunting and fishing opportunities by non-natives are also related to the availability o f those resources for aboriginal people ( N A F A , 1993: 15). In addition, mechanization o f harvesting method for berries and plants replaces traditional manual practices and accelerates the loss o f heritage sites related to traditional ecological knowledge. Therefore, these silvicultural changes severely affect the access to non-timber resources for aboriginal people both in environmental and social aspects.  2.2.2 Education and Training Although the role o f aboriginal people in forest management is important, many o f their communities do not have enough entrepreneurial skills and technical knowledge to establish their own forest sector and wood processing facilities ( I F A B C , 1991). Very few aboriginal people have formal training in forestry, and this is one reason that excludes First Nations from direct control over forest resources. The weakness o f business and the shortage o f professionals give the provincial government a reason to be reluctant to issue timber licences Nation owned Forest Licences. Woodlot Licences and Tree F a r m Licences are not included (WRI, 2000: 74). The lands originally designated as "forest reserves" for timber harvesting under the 1 3  1912 Forest Act. 26  to aboriginal people. In 1987, when the Intertribal Forestry Association o f B . C . ( I F A B C ) reported aboriginal concerns about forestry issues, only three aboriginal individuals had university degrees in forestry although 1,200 natives were employed in the forest sector (Nathan, 1993: 139). Currently, over forty Aboriginal Forestry Advisors are working with the Ministry o f Forests to implement the Provincial Protection o f Aboriginal Rights Policy, but only a few o f the almost 3,000 members o f the Association o f B . C . Professional Foresters are natives (Association o f B . C . Professional Foresters, 1999; N A F A , 1997b). The shortage o f educational programs for aboriginal people in forestry is another barrier. The University o f British Columbia has First Nations forestry programs in the Faculty o f Forestry and expands the participation o f aboriginal students in the programs. The University o f Northern B . C . has an Aboriginal advisory committee and some aboriginal students are enrolled in the Environmental and Resource Management program. The N i c o l a Valley Institute o f Technology also has the natural resource technology program and a few graduates are working in their communities and in the forest industry ( N A F A , 1997b). M a n y aboriginal students, however, find it difficult to adjust to the environment o f colleges and universities in the urban areas and the two existing native-run technical forestry schools are not sufficient to meet the needs. Some training courses fail to attract students to these integrated training programs required for a multifaceted career in the forest sector ( I F A B C , 1991: 32; N A F A , 1997b). Nonetheless, there w i l l be more demand for aboriginal professionals and technicians in forestry because their w i l l play an important role in both integrated forest management and forest resource stewardship by incorporating traditional knowledge. For example, management o f large commercial forested areas w i l l require dozens o f professional foresters and many more forest technicians. For the lack o f formal education and training in forestry, aboriginal people need more years to take a significant number o f management positions in the forest industry. In the interim, professional consultants, management contracts, or joint ventures can help aboriginal people to be involved in forest management and to develop local expertise to become as effective as possible. Yet, the immediate action to increase aboriginal professional foresters and technicians is necessary because they may be more acquainted with the local forest ecosystems and their knowledge is important to forestry (Michell-Banks, 1998: 123). Formal education and training programs help aboriginal people with their forest  27  management and their participation in the natural resource management in general.  2.2.3 E m p l o y m e n t  Opportunity  There are few statistics and records o f the current employment o f aboriginal people in the forest industry, but in general, aboriginal people have little employment opportunity in the forest sector both on- and off-reserves ( I F A B C , 1991: Attachment #4, p.4). In the early stages o f the industry, aboriginal people played a much more significant role, although they were hired as loggers with (or without) low wages. According to Knight (1996), aboriginal loggers have been employed in the sawmill on Vancouver Island since the 1860s, and by the 1890s, logging became an important source o f income for the coastal communities (p. 236). B y the early 1910s, native men from more than fifty aboriginal bands worked in logging and sawmill operation almost throughout the province (Knight, 1996: 238). The role o f aboriginal people as loggers diminished due to mechanization o f forestry during the 1960s and 1970s. However, their participation in forest management began to increase in the 1980s as a result o f the job creation and training programs initialled by the government and the initiatives o f First Nations themselves ( I F A B C , 1991: Attachment #7, p. 5). In 1991, about 10,100 aboriginal people in Canada, which is 2.2 percent o f the aboriginal workforce, were employed. This number represents 9.5 percent o f the total employment in the forest sector,  14  and in the same year, there were about 1,200 aboriginal people employed  full or part-time in the forest industry in British Columbia ( I F A B C , 1991: Attachment #7, p. 5). In 1994, an industry association estimated that 4 to 5 percent o f the forest industry employment was aboriginal people, and the majority was engaged i n harvesting, silviculture, and reforestation (The Institute on Governance, 1998). These include employment in rehabilitating and practicing o f integrated resource management caused by the past mismanagement o f forest resources in aboriginal traditional territories ( I F A B C , 1991: Attachment #7, p. 5). In general, non-native forest corporations have no commitment to employ aboriginal people, but some major companies have been positive and have become important employers of aboriginal people. For example, Western Forest Products Ltd., whose tenures are within the traditional territories o f First Nations, has initiated programs to involve First Nations in  The forestry a n d logging industry does not include the p u l p a n d paper industry or forestry-related manufacturing operations. 1 4  28  development planning, training, economic opportunity, and job creation (Western Forest Products Limited, 1999). In A p r i l 1997, M a c M i l l a n Bloedel (now Weyerhaeuser Canada Ltd.) and five aboriginal bands agreed to form a joint venture forest company that would be owned 51 percent by First Nations and the rest by M a c M i l l a n Bloedel to operate the northern part o f Clayoquot Sound, which includes M a c M i l l a n Bloedel's T F L . The agreement addresses aspirations o f First Nations by increasing certainty o f an economic future in the area ( C F S , 1997: 9-10). Weyerhaeuser Canada thinks First Nations are important stakeholders in its forest management. The company is trying to build mutually beneficial relationships with First Nations and proposing initiatives that may include employment, business alliances, education, and skill development (Weyerhaeuser Company, 2000). O n the other hand, there are large firms with no special employment programs directed at aboriginal people. These firms do not track the number o f native employees because they hire the best person for the job, regardless o f background. In such a situation, it is hard for aboriginal people to find a job because most aboriginal aspirants lack the educational background to be successful candidates (The Institute on Governance, 1998). This is true of even native owned forest companies. In the early 1990s, about 25 to 30 percent o f aboriginal people employed in the forest sector were working for aboriginal controlled companies, but the lack o f applicable expertise and education limited employment opportunity. Thus, 20 to 50 percent o f the workers in the native owned companies were non-aboriginal ( I F A B C , 1991: Attachment #7, p. 4-5). The government sponsored job creation and training programs promote the participation o f aboriginal workers in the forest industry. However, those projects are initiated by nonnatives and hardly provide aboriginal people with the continuity, experience, approach, training, motivation, or proper working condition for a real job. M a n y aboriginal workers are willing to be employed in their traditional territories, but most o f their communities do not have access to sufficient forest resources to maintain even a limited employment. Therefore, only about 3 to 5 percent o f the employment can be wholly attributable to forest management on Indian reserves ( I F A B C , 1991: Attachment #7, p. 4-5). A s mentioned earlier, having business management skills, technical knowledge, and experience in forestry is important to find a job in the forest sector. The sector is highly competitive and mechanized. In addition, despite those qualifications, working in the forest industry is not constantly stable as a result o f recessions, market trends, and technological  29  changes that hit the economy that affects native communities.  15  For example, the  unemployment rates o f B . C . First Nations in the 1970 and early 1980s were around 50 percent and ranged as high as 90 percent for some aboriginal bands, while it was 9 percent for Canada and 12 percent for British Columbia ( I F A B C , 1991: Attachment #7, p. 5). Especially for those living on Indian reserves, increase in the unemployment rate has been a critical issue. This problem is related to the growing number o f younger aboriginal people individually entering the workforce and the higher level o f skill and education required for employment in the forest sector ( I F A B C , 1991: Attachment #7, p. 5). Mechanization and automation o f pulpmills and sawmills also affect employment, regardless o f the owner and size o f an operation.  16  The Intertribal Forestry Association o f B . C . ( I F A B C ) (1991) points out that about half o f the aboriginal people in the province rely upon government transfers as their major source o f personal income. This illustrates that government sponsored programs are widespread and at the same time that unemployment is serious for aboriginal people (Attachment #7, p. 5). Therefore, it is critical to increase employment for aboriginal people in the forest sector and thereby enhancing the socioeconomic stability o f the aboriginal communities.  2.2.4 Market The access to the marketplace by aboriginal people is limited as it is to other resources and opportunities, but this issue is more complicated because it is rooted in both institutional and economic frameworks. The problem o f the institutional framework is represented by the provincial forest tenure system. The dominant large integrated corporations, whose A A C is far above the long-term harvest l e v e l , produced many identical market goods for the 17  American, Japanese, and European markets, but they were not responsible for sustainable forestry until the 1990s. This is the major reason that the forest industry did not diversify its According to Smelser (1991), 0.7 percent of non-native C a n a d i a n , 2.2 percent of native i n C a n a d a , 2.4 percent of non-natives i n Y u k o n , B C , a n d 6.1 percent of natives i n Y u k o n , B C were engaged i n the logging and forestry at the time of 1986 census (p. 68). Those numbers shows that natives more rely on the forest industry than n o n natives. Marchak, Aycock, and Herbert (1999) highlight two First Nations communities, Quesnel a n d Port Alberni, as the case of unemployment increase by mechanization and automation of the forest industry (Chapter 6). The long-term harvest level is predictive measure of the harvest volume which might be sustainable in a given T S A or T F L . The volume considers initial harvest level, land use changes, economic forces, and Forest Practices Code (MOF, 1999b). 1 5  1 6  1 7  30  products by adding value or utilizing the wood in the most efficient way, until recently. Therefore, small forest companies such as aboriginal owned business have had persistent difficulty with access to sufficient timber supply for the sawmills and pulpmills (Marchak, Aycock, and Herbert, 1999: 88). With insufficient timber supply and small-scale facilities, it is difficult for aboriginal people to compete with the large integrated companies, which hold most o f the A A C . Since the current A A C exceeds the sustainable harvesting level, there is almost no timber expected under new licences unless the government reallocate the A A C or aboriginal people take over the existing forest tenures. In 1981, the B . C . government introduced the Small Business Forestry Enterprise Program ( S B F E P ) to give small companies and individuals access to forest resources, including 25 percent o f the A A C . In 1988, the government removed 5 percent o f the A A C from all major licensees without compensation to promote the S B F E P that became an important source o f wood supply for forestry business o f First Nations. The A A C under the S B F E P , which currently accounts for about 13.5 percent o f the total and is far below the intended volume, can be increased by providing more timber for First Nations (Marchak, Aycock, and Herbert, 1999: 65). However, it is not easy to reallocate the A A C any longer because the existing Forest Act states that the government cannot remove the A A C o f a Timber Supply Area ( T S A ) or Tree Farm Licence ( T F L ) by more than 5 percent without compensation even for purposes o f parks, dams, or other public works (Marchak, Aycock, and Herbert, 1999: 7475). I f the provincial government reduces an A A C for reallocation, it is obliged to pay compensation in volumes o f timber or cash. The government can also be legally accused i f it fails to offer replacement o f replaceable licences (Marchak, Aycock, and Herbert, 1999: 89). Even i f First Nations have access to sufficient timber supply, the current economic framework is the other obstacle to the marketplace, since the market trends and globalization are beyond their control. British Columbia is the world's most important exporter o f softwood lumber, accounting for 9 percent o f the world softwood production ( M O F , 1995: 205). Because o f its geographical condition, which is distant from foreign markets, the forest industry o f the province has concentrated on softwood lumber that can be marketed relatively easily and transported efficiently. The lumber market is highly competitive and no individual producers can exert significant control over prices, so the provincial manufacturers must accept the internationally set prices. Although British Columbia accounts for roughly 8 percent o f the forest product exports in the world, this is not large enough to control the price  31  of its products in the international markets ( M O F , 1995: 205-206). The forest industry itself is faced with an unprecedented array o f challenges stemming from globalization o f the market economy. The global trade agreements such as W o r l d Trade Organization ( W T O ) and North American Free Trade Agreement ( N A F T A ) are advantageous for large multinational corporations that have power in the global markets. With the arrival o f these agreements, even governments have decreased their economic control over the forest resources (Bombay, 1996: 19). It is difficult for small-scale forestry operators to survive market globalization because "busts" first hit the cost highest producers. This trend has become serious over the last few decades as the market has been globalized and obsolete facilities have been pushed to be closed under modernisation and globalization forces (Forgacs, 1997: 168). M ' G o n i g l e (1997) points out that the contemporary market globalization is and has been underwritten by the broad subsidies o f environmental and social decline, including the depletion o f old growth forests that results in loss o f biodiversity, in the erosion o f native communities, and in the displacement o f forestry workers (p. 45). In addition, market trends in demand for lumber, on which the forest industry o f the province is dependent, is a critical issue. Over 80 percent o f the lumber shipments o f British Columbia are shared by foreign markets (Marchak, Aycock, and Herbert, 1999: 93). The United States has been the dominant market for the last two decades, but shipment to Japan has been increasing since the late 1980s especially since Japan has moved from importing logs to importing lumber (Marchak, Aycock, and Herbert, 1999: 94). Demand for lumber in those foreign markets is determined, in part, by the housing industry, which is influenced by financial market conditions ( M O F , 1995: 206). The prospect o f worldwide demand for lumber, however, seems not to be buoyant. Actual consumption o f lumber in the world has increased in the 1980s and 1990s, but dropped to the level o f 1970. The similar trend is observed for the in North and Central America market ( F A O , 1997: 190) (Figure 2.1). The Food and Agriculture Organization o f the United Nations ( F A O ) and Resource Information System, Inc. (RISI) forecast that world demand for lumber would decrease in the next few decades. This is partly because o f the replacement o f traditional solid lumber by engineered wood products and non-timber products such as steel, plastic, and cements (RISI, 1999: 5).  32  600 | ^500 t5  f  | .1 11 |  —•— North/Central America « - World  3 0 0  200  100  8  0.6  400  • 100.6—*-*tt2  149.2 • 153.4—V  o 1970  1980  Year  1990  1994  Figure 2.1 Consumption o f lumber in North and Central America and the world, 1970-1994 ( F A O , 1997: 191) Another trend that affects the forest industry is the recent environmental movement against logging o f old growth forests. Both environmentalists and First Nations have protested against old growth logging by boycotting forest products from old growth forests or by blockading the logging roads. In fact, the protest by First Nation people is not exactly the same as that o f environmentalists because First Nations usually claim their traditional forests along with the rights to harvest. Thus, some environmentalism, which opposes all logging, can be an obstacle to forestry-based economic development for First Nations. Yet, it is possible for these parties to collaborate. The future o f the forest industry o f British Columbia w i l l hinge on the market trends and supply and demand o f forest products. The fact that First Nations have little access to the market may not dramatically change in the near future, but it is still necessary to adapt to changes in the existing markets. Seeking out new markets is important because it can be the marketing strategy o f First Nations.  33  2.2.5 Forest Tenure Forest  Tenure  System  The provincial government oversees both Crown lands and Crown forests in British Columbia. Based on geographical and institutional characteristics, the government allocates rights to harvest or manage Crown forests to private parties through a system o f licences called forest tenure. The Ministry o f Forests ( M O F ) defines the forest tenure system as the collection o f legislation, regulations, contractual agreements, and permits that define and constrain the right to harvest timber in the provincial forests ( M O F , 1997). In other words, forest tenures are the provincial policy frameworks that set out the conditions for private parties to operate on Crown land by specifying what tenure holders can and cannot do (Luckert and Salkie, 1998: 5). The term "timber tenure" is commonly used for the contract, which allows harvesting a specific volume o f timber from a defined area o f the Crown forests, between an individual or a company and the provincial government. There are various timber tenures reflecting the diverse objectives for forest use, and those tenures have been developed over time to regulate rates o f harvest and standard use, to protect forests, and to promote silvicultural practices. The existing forest tenure system was established as a result o f the 1979 Forest Act, and the Act and its associated regulations provide the structure for the system. Those regulations set out the forms o f agreement for timber from Crown land and the rights, obligations, and rules o f each form o f tenure. The Forest Practices  Code of British  Columbia  Act (1994),  however, significantly affects the tenure system today. For example, rules about timber harvesting on Crown land, which were formerly referred to in the Forest Act, tenure contracts, or tenure policy, are now included in the code. The code also sets out a range o f penalties for failure to meet the rules. There are some lands not included in the tenure system. These are: non-commercial lands in parks and reserves, including about 6.9 million hectares o f provincial parks and 283,000 hectares o f federal parks; -  non-productive forested land and non-forested areas within the Ministry o f Forests jurisdiction; approximately 344,000 hectares o f federal land in Indian reserves; and  -  private forest land not under Tree Farm Licence (Marchak, Aycock, and Herbert, 1999: 36).  34  History The evolution o f the forest tenure system is linked with the history o f British Columbia and may be divided into four periods.  1. Before 1912 The beginning o f land ownership in British Columbia dates back to the colonial era when an application for timber to supply a m i l l at Port Alberni was made. The major concern o f the government was attracting labour and capital to develop the timber resource in the province, so the government granted Crown land outright to railways and timber companies. M u c h o f the 4 percent o f privately owned forest land that currently exists was authorized at this time. B y 1900, the provincial government granted timber leases and licences with 21year terms, which could be renewable, and sold timber volumes, however title to the land remained with the Crown (Vance, 1990: 11).  2. The first Forest Act (1912-1947) In 1912, the first Forest Act was passed. This Forest Act established a system o f "forest reserves" that were designated for timber harvesting; these lands are now called "provincial forests". The Act also created a Forest Service headed by a C h i e f Forester to administrate the forest reserves and introduced the timber sale licence, which is a one-time right to harvest a specific forest stand. The major concern o f the forest industry was timber resources, and the principle o f granting rights to timber was retained until the late 1940s by provision o f the various forms o f leases and licences (Drushka, 1993: 5). These licences were relied on to provide access to forests on Crown land.  3. The amendment to the Forest Act (1947-1976) The current tenure system is rooted in legislative changes made in the mid- 1940s when the concern was growing over the management o f the increasing area o f harvested land. During 1944-45, the  Sloan Royal Commission headed by Chief Justice Gordon Sloan  addressed the issue o f long-term sustained yield o f timber. The Forest Act was amended in 1947, and two major units o f sustained yield management were introduced to organize forest lands, based on the recommendations o f the Sloan Commission. One o f these was Forest  35  Management Licences, which consisted o f leases on public land. This was later changed into Tree Farm Licences (TFLs). Forest Management Licences were created to be managed by private industry and were issued to individual companies to supply the timber needs o f a particular processing m i l l or complex. This tenure reflected the belief that the long-term agreement would provide both the incentives to practice forest management and the security of timber supply to attract investment in large mills. In the late 1960s, pulpwood harvesting area agreements were introduced as a means o f assuring the secure fibre supply required to support large investments in pulp mills (Notzke, 1994: 85). The other management unit introduced was the Public Sustained Y i e l d Units ( P S Y U s ) , which was managed by the provincial Forest Service with the harvests shared among several operators whose timber was sold to private companies. This long-term volume-based tenure specified the right to harvest an annual volume o f timber from within a P S Y U , but did not specify the precise areas that could be harvested. Provisions for Woodlot Licences were also introduced at this time. Another goal o f the Forest Act was to provide employment opportunities and stability in rural regions o f the province.  4. 1976-the present The 1979 Forest Act was established to simplify the old tenure system based on the recommendation from the Pearse Commission o f 1976 and made substantial changes to licence agreements and new forms o f agreements. Under the Act, larger Timber Supply Areas (TSAs) replaced P S Y U s , and an allowable annual cut ( A A C ) was determined for each T S A . The A A C was apportioned to various types o f new licences, including Forest Licences (FLs), Timber Sale Licences (TSLs), Woodlot Licences, and Pulpwood Agreements. Tree Farm Licences (TFLs) and Forest Licences were introduced. These retained long term security but still replaceable at shorter intervals to allow the insertion o f updated contract conditions. B y 1980, there were 34 T F L s and 84 P S Y U s , and the P S Y U s were reorganized into 33 T S A s (Notzke, 1994: 85). Although most T F L s in existence had been granted by 1966, the 1979 Forest Act established the statutory framework for the rights o f the tenure system today. The Small Business Forest Enterprise Program ( S B F E P ) and the Forest Practices Code were introduced during the latter part o f this period.  36  Cost of Harvesting on Crown Land The B . C . government leases to private companies and individuals the rights to use resources on Crown land and receives revenues from the tenure holders i n return. One o f the major revenues is an annual rent o f $20 million paid for the rights to occupy Crown land for harvesting timber. Another source o f revenue is stumpage, which amounted to more than $1.7 million in 1995. Stumpage is the price paid for timber harvested on C r o w n land ( M O F , 1996). The Ministry o f Forests ( M O F ) sets and collects stumpage under authority o f the Forest Act. The stumpage rates are determined with the principle o f being standardized and equitable considering market prices for individual species and site-specific information such as timber quality and harvesting difficulties. Thus, there are similar rates for timber stands or areas with similar attributes regardless o f the potential buyer. In June 1998, average stumpage rates were reduced to $24.97 per cubic metre on the Coast and to $21.40 per cubic metre in the Interior because logging costs had risen sharply and had been borne by the forest industry ( M O F , 1998). Despite the reduction, it is still costly to hold harvesting licences on Crown land, so those licensees with the small A A C are unprofitable.  Regulation of the Harvest -Allowable Annual Cut (AAC) The allowable annual cut ( A A C ) is the volume o f timber harvest permitted from Crown land in a given year, which is determined by the Chief Forester o f British Columbia in accordance with rules set out in the Forest Act. The basic land management units, upon which an A A C is determined, are the timber supply areas (TSAs) and tree farm licence areas (TFLs). Once the A A C for a T S A is determined, the Ministry o f Forests distributes the harvest volume to various licences, for example, to forest licences that share rights to harvest within the T S A . One exception is the approximately 5 percent o f the A A C o f most T F L s , which is available under the Small Business Forest Enterprise Program ( S B F E P ) , that was clawed back from all major licensees in 1988 (Marchak, Aycock, and Herbert, 1999: 75). The Chief Forester reassesses A A C for the T S A s and T F L s within B . C . ' s commercial forests every five years, but in most T S A s , almost all the A A C has been committed to longterm replaceable licences. The apportionment exercise is very important when the A A C levels drop within a T S A because in such cases the Ministry o f Forests must proportionately reduce all the existing long-term harvesting rights. In fact, the A A C for many areas has been  37  deliberately set above long-term sustainable harvest levels in order to harvest extensive primary and old growth forests that yield more timber volume ( W R I , 2000: 54). Timber can also be harvested from lands that are not included in the A A C determination. This means that the actual harvest can and does exceed the A A C , and currently more than 90 percent o f T S A s are being harvested above A A C (Marchak, Aycock, and Herbert, 1999: 28).  2.3 Issues of the Forest Tenure System The forest tenure system is critical for addressing socioeconomic and environmental objectives o f the province, but the existing tenure system lacks a central concept o f itself (Drushka, 1993). First, the type o f timber tenures is controversial. Under the 1979 Forest Act, the two dominant forms o f tenure were established; they are area-based Tree Farm Licences (TFLs) and volume-based Forest Licences (FLs). Those two forms account for approximately 80 percent o f the A A C , whereas many other forest tenures have a very small portion o f the A A C in the province (Marchak, A y c o c k , and Herbert, 1999: 16). In 1991, the Royal Commission o f Inquiry recommended structural reform o f the forest tenure to increase community control and management o f the provincial forests, but the government did not act on the recommendations until recently. The absence o f a community-based forest tenure type is related to the lack o f equivalence in tenure allocation. Although the Community Forest Pilot Project (CFPP) was launched to expand community involvement in forest management in 1997, there have not been any changes in the tenure system itself (International Network o f Forests and Communities, 2000).  18  Based on the notion that Crown land is publicly owned, individuals and parties can  obtain forest tenures as long as they are eligible. For example, woodlot licences may be granted to: (a) a Canadian citizen or permanent resident o f Canada who is 19 years o f age or older, (b) a band as defined in the Indian Act (Canada), or (c) a corporation, other than a society that is controlled by persons who meet the qualifications referred to in paragraph (a) under the Forest Act, part 3, division 8-44. In the absence of a community-based forest tenure type, community forests have come into existence either through private land acquisition, or as Tree F a r m Licences (TFLs), Forest Licences (FLs), or Woodlot Licences. There are three communities hold T F L and ten have F L s in British Columbia (International Network of Forests and 1 8  38  Despite the predominant public ownership and the ostensible availability, a small number o f large integrated companies  19  with long-term tenures dominate forest tenures and most o f the  A A C . Under the current tenure system with the high stumpage rate, only large timber companies have the available finances. Second, the unclear position o f the government is arguable. The provincial government emphasises sustainable forestry in its policy, but the forest tenure system itself does not. Currently, the government allocates most forest tenures to large companies and collects the annual rent and stumpage fees from the licensees. This system neglects sustainability o f forest operation and may restrict small-scale but sustainable forest operation. A t the same time, there is an inconsistency where the government encourages long-term stewardship among the industry, First Nations, and itself in the situation where it is also a rent collector (Marchak, A y c o c k , and Herbert, 1999: 15). Third, over-harvesting o f old growth forests is a reality. The cost o f liquidation o f old growth forests includes the risk o f loss o f biological diversity, carbon storage, high quality wood, genetic resources, environmental services, and traditional cultural values, as well as potential resources for the future generations. However, under the current tenure system, vast areas o f old growth forests have been harvested. The province has intended to increase the amount o f protected areas, yet only a small portion o f old growth forests has been protected.  2.4 Implication of the Forest Tenure System for First Nations Because many First Nations in British Columbia have begun to focus their economic development on the management o f their forest land and on participation in the forestry operations on Crown land, the availability o f forest tenure is an important factor. The institutional and environmental issues o f the forest tenure system affect First Nations and are pertinent to development o f potential o f their forest management. However, with the lack o f the central concept o f the tenure system, the availability o f new licence areas is uncertain. It is possible that existing licensees do not renew their licenses. Another option to obtain forest tenure is to purchase an existing firm that holds a harvesting licence or to be a shareholder o f an existing licensee. Some First Nations have begun to Communities, 2000). Integrated companies means, for example, those controlling m a n y phases of production, manufacturing a n d sales (Clogg, 1999). 1 9  39  work with other aboriginal or non-aboriginal firms through co-management arrangements without their own forest tenure. Yet, it is still difficult for First Nations to find even smaller timber licence areas for their moderate to small-scale forest operations. Under the current tenure system, it is usually unprofitable for small-scale forest managers to hold forest tenure, to keep paying fees, and to carry out long-term, large-scale forest management. In 1997, the provincial government launched the C F P P , then amended the Forest Act, but no forest tenures have focused on either community forestry or non-timber values o f forests. Some aboriginal communities, which are acquiring harvesting licences, find it is difficult to abide by the forestry policies o f the province. These First Nations think that the annual harvest volume and management requirements are strongly biased toward timber production without making sufficient provision for integration o f forest management, which includes protection o f wildlife habitat and traditional pursuits by First Nations. In addition, it is a problem that the province's forest management policies do not accord sufficient non-timber values o f forests or restrict adequately licensee's logging o f old growth forests. The concern o f First Nations over the policies is related to how their traditional philosophies o f holistic forest use can be compatible with the provincial objectives o f forestry. Their traditional land use, which is often considered as holistic or integrated, is hard to be maintained complying with the province's political framework that focuses on timber production. Ironically, some First Nations are interested in economic development by logging rather than in conserving forests. However, the common denominator is that most o f them are aiming at community stability and increase o f employment in the forest industry. Therefore, the government needs to cope with the difficulties o f First Nations in forestry by consulting with them on integrated forest management and considering non-timber values o f forests in these policies. These changes may initiate the process o f land use conflicts solutions, including re-examination o f the forest tenure system.  2.5 The Roles of First Nations in Forestry The situation surrounding aboriginal people in forestry has changed. In British Columbia, the past mismanagement by volume-based commercial logging has been reviewed and the idea o f ecosystem-based integrated management has been introduced, while the major licensees emphasizes the importance o f working with First Nations. The international community has recognized the linkage between indigenous knowledge and sustainable  40  development. O n the other hand, there are various negative factors which exclude aboriginal people from forestry o f the province. In order to increase First Nations' control over forests on their traditional lands, it is important to demonstrate their ability in and potential to sustainable forestry within the existing institutional and economic frameworks while they keep claiming their land rights and title. Considering the current situation, First Nations have two significant roles to play in forestry; these are becoming a model o f community forestry and a model o f integrated resource management (IRM) by incorporating their traditional ecological knowledge ( T E K ) . 2.5.1 C o m m u n i t y Forestry The past few Royal Commissions o f Inquiry recommended structural reforms to the forest tenure system to increase community control and management o f forests in British Columbia. For example, woodlot licences resulted from the 1956 Commission and the Small Business Forest Enterprise Program was introduced based on the recommendation o f the 1976 Commission. In 1991, the Forest Resource Commission addressed the growing concern over corporate concentration in the forest industry and called for more diverse and locally controlled area-based tenures. In 1997, acting on the recommendations, the B . C . government launched the Community Forest Pilot Project ( C F P P ) to expand community involvement in forest management (International Network o f Forests and Communities, 2000). A n advisory committee o f the C F P P acknowledged that most o f the forest tenures were designed primarily for timber production. The dominant volume-based tenures were not suitable to community forestry, which would be area-based, long-term, and would consider both timber and non-timber values o f forests (International Network o f Forests and Communities, 2000). Currently, three communities have area-based Tree Farm Licences and ten hold volumebased Forest Licences and approximately twenty-five have area-based woodlot licences. Under the CFPP, twenty-seven communities and First Nations from across the province submitted detailed forest management proposals. Six o f them, including Esketemc First Nations near A l k a l i Lake and the Islands Community Stability Initiative on Haida G w a i i on Queen Charlotte Islands, were selected as successful projects in July 1999 (International  41  Network o f Forests and Communities, 2000). There are some native communities that have ecosystem-based management approaches, such as the Klahoose Nation  on Cortes Island which is a unique case because o f its  relationship with non-native neighbours. Unlike many other First Nations o f the province, which involve joint ventures and co-management to work with non-aboriginal forest corporations, the Klahoose does not include any industrial timber companies in its alliance with the neighbour community. The Klahoose Nation and its Cortes neighbours have developed their relationship over the last decade through protesting clearcut logging by M a c M i l l a n Bloedel (now taken over by Weyerhaeuser Canada Ltd.), the largest land owner on the island. The alliance also approached M a c M i l l a n Bloedel with a proposal to purchase the company's entire private forests because the whole Crown forests on Cortes Island have been granted to Canadian Forest Products Ltd. with no consultation with either the Klahoose Nation or the non-native island community (Denman Community Forest Cooperative, 2000). The Klahoose Nation and the Cortes Ecoforestry Society (CES), which represents the nonnative island community, have worked together to promote ecosystem-based forest management and ecologically sustainable forest-based economic development. These parties also intend to seek Forest Stewardship Council ( F S C ) certification o f all Cortes Island 21  forest products. F S C certification is the designation which certifies the entire process o f forest management is internationally recognised and supported by the environmental community (International Network o f Forests and Communities, 2000). Thus, forest products from the Klahoose and C E S w i l l have an economic and market advantage when the certification is applied. The entire island community has perspectives o f its ecosystem-based approach, and its forest management can be a model o f community forestry as well as a model o f First Nations' alliance with non-aboriginal neighbours.  The Klahoose people have been i n the area called the "West Coast Culture Area" including all of T o b a Inlet a n d Cortes Island. Their treaty negotiation started i n 1994 and the framework agreement was initialled i n the end of 1996 (B.C. Ministry of Aboriginal Affairs, 1998). F S C is a n international body that accredits certification organizations. F S C Canada, founded i n 1993, is working on the development of regional performance-based standards to implement and refine global principles. The F S C has certified three clients i n C a n a d a that own a total of 211,632 hectares of forests i n Ontario a n d New Brunswick (FSC, 1996; WRI, 2000: 86). 2 0  2 1  42  2.5.2 Traditional Ecological Knowledge (TEK) and Holistic Approach toward Forest Management Aboriginal people o f Canada have used natural resources from their environment since time immemorial with respect, gratitude, and honour because understanding and living within a particular environment i n a sustainable manner has been a matter o f survival for them (Turner, 1997: 179, 181). It is well known that the cultural and spiritual ties o f aboriginal people to their environment are significant because o f their long and close connections to nature (Drengson and Taylor, 1997: 31). Aboriginal people respect even those things frequently regarded as useless in modern society based on the idea that everything has a purpose (Turner, 1997: 179), and this idea is reflected in their traditional forest use through T E K . For example, red alder (Alnus rubra) is regarded by industrial foresters o f the Pacific coastal region as a noxious plant that competes with commercially valuable trees such as Douglas-fir. Yet the species is highly valued among First Nations whose mythical traditions describe alder as formerly a woman with red skin, transformed to her present state long ago as a gift for other humans (Turner, 1997: 180). Its soft wood is an ideal fuel for smoking fish and meat and for carving bowls, masks, and rattles and its bark was a major source o f dye. The edible inner bark tissues o f red alder were taken in spring by the Coast Salish people as the important source o f medicines for a variety o f ailments from tuberculosis and internal hemorrhage to skin infections (Turner, 1997: 180). Turner (1997) implies that red alder may turn commercially important as western yew (Taxus brevifolia), which was once regarded as useless then became valuable by the discovery o f a promising anticancer compound in its bark (p. 180). Because o f their deep understanding o f faunal and floral species in the forest ecosystems, First Nations may contribute their knowledge to forest management. One o f the most significant advances regarding incorporating First Nations is the Scientific Panel for Sustainable Forest Practices in Clayoquot Sound, which involved the Nuu-Chah-Nulth Nations as its members to demonstrate the scientific validity o f traditional ecological knowledge for sustainable forest practices. Clayoquot Sound region is located in the West Coast o f Vancouver Island and the area contains large stands o f old growth, which is culturally and ecologically important. The panel was established in 1993 to develop worldclass standards for sustainable forest management and involved scientific experts, N u u -  43  Chah-Nulth elders, and experts in their T E K ( C F S , 1997: 54). The Panel found that T E K from the Nuu-Chah-Nulth people is essential for gathering information, for example, on culturally important areas and plant and animal habitats that are used for mapping and emphasized the importance o f taking the cultural and spiritual needs o f First Nations o f the area into account ( C F S , 1997: 55; Drengson and Taylor, 1997: 31). The importance o f indigenous people and their potential contribution with T E K to forest management have been internationally recognized, and at the same time, the respect for T E K in the academic community and among scientists has been increasing. Ironically, just as the importance o f T E K is beginning to be recognized, many aboriginal people and native communities are losing that knowledge because o f the change o f their lifestyle and loss o f traditional territories and languages ( C F S , 1997: 49). Children are spending much less time on their ancestral land than previous generations, and they learn less about the environment, the traditional way o f life, and consequently traditional ecological knowledge which is usually passed down by elders (CFS, 1997: 49-50). First Nations in British Columbia have begun to regain their control and management right over their traditional lands only in the last 20 years, and incorporating T E K o f forest ecology into forest management is in its early stages ( C F S , 1997: 52; Michell-Banks, 1998: 12). In addition, there is uncertainty o f the involvement o f First Nations in the development o f the forest products industry because First Nations' opinion based on their spiritual and cultural importance o f the plants influences on how far and fast the industry grows (Freed, 1997: 176). Thus, the future o f the industry depends on whether the First Nations' needs and knowledge are incorporated in forest management plans. Nonetheless, it is important to collect T E K , since the integration o f T E K into forest management has potential to sustain the environment (Adamowicz and Veeman, 1998: 57). The body o f data is also vital for First Nations to assert their rights over traditional territories; especially where there is conflict over land use by providing proof o f their longstanding forest use and occupancy o f the land ( C F S , 1997: 52).  Chapter Conclusion The current issues o f native forest management are complicated and rooted in their long neglected history, the institutional framework, and the economic condition. Although the provincial government and the forest industry have begun to consider First Nations as an  44  important stakeholder in forestry, the involvement o f First Nations in forestry o f the province is still limited. In such a situation, promoting community forestry and sharing T E K can be an effective mechanism to demonstrate that aboriginal people have potential input into integrated forest management. This would make it possible for aboriginal people not only to manage forests on their traditional territories but also to have support from non-aboriginal neighbours and forest companies. Even so, there still remains a controversy about the tenure system o f the province because First Nations have almost no chance to manage forests legally on their traditional territories without forest tenure. The following chapter addresses the importance o f forest tenure for First Nations through case studies.  45  Figure 2.2 First Nations mentioned in Chapter 2 and 3  YUKON TERR.  N.W.T. First Nations 1. Esketemc 2. Klahoose 3. Nuu-Chah-Nulth 4. Tl'azt'en 5. Wcstbank 6. Nisga'a 7. Gitxsan 8. Wet'suwet'en  /6 >Prince ^ >Rupert HaidaGwaii^ ^7 Queen Charlotte] <vN£\ Islands # ^  ALBERTA  Pacific Ocean Vancouverolsland  ~6~ 100  100  Clayoquot Sound Victoria  UNITED STATES  200 Kilometers  46  Chapter 3: Case Studies of Forest Management by First Nations  In British Columbia, where only a few treaties have been signed with First Nations, the federal and provincial governments, and First Nations Summit established the British Columbia Treaty process in 1992 (WRI, 2000: 73). About 50 First Nation bands are involved in the treaty process that is designed to address issues related to aboriginal land rights and title, such as self-government including ownership of specific land bases, wildlife harvesting rights, and resource revenue sharing (WRI, 2000: 73). In the Delgamuukw decision of 1997, the Supreme Court of Canada affirmed unextinguished rights of First Nations in British Columbia to their traditional lands and natural resources on the lands based on native oral history. The actual decision in the Delgamuukw case was about the Gitxsan and the Wet'suwet'en Nations, but many other First Nations have a legal interest in resource development on their traditional territories and have claimed their land rights based on the court decision (Beatty and Pemberton, 1999a). Therefore, the tenure system has unique implications for First Nations in their claim for aboriginal land rights. Despite the settlement of the Nisga'a Treaty in 2000, most of treaty talks between First Nations and the governments have made little significant progress (Boyd, 1999). The current tenure system and the forest industry work against aboriginal people from being involved actively in forest management in British Columbia, even though most forestry activities occur and have occurred on traditional territories of First Nations (Clogg, 1999). Under the current tenure system, it is difficult for First Nations to obtain forest tenure, thus the number of aboriginal groups that have forest tenure is minimal. This chapter describes three case studies of aboriginal forest management to as examples of First Nations' governance. The Tl'azt'en Nation has a Tree Farm Licence (TFL 42) and owns a timber company which supports the local economy, while the Westbank Nation has a Woodlot Licence that is not satisfying for the band. The Nisga'a Nation has rights to control over forests on Nisga'a Lands under its own forest management laws. These examples illustrate the significance of obtaining forest tenure for First Nations to control forest resources on their traditional land.  47  3.1 The Tl'azt'en Nation: A Case Study of Forest Management with a Forest Licence  Tanizul Timber Limited, which is run by the Tl'azt'en Nation, is an example of small22  scale, community-based forestry operation that provides incentives for stewardship and employment. The company plays an important role in the local community through initiating, developing, and implementing forest management programs. Tanizul Timber is the only aboriginal tenure holder of an area-based forest licence, which is large enough to provide long-term economic development for the local community. Thus, many other aboriginal communities have paid attention to the forest operation by the company as a potential model. 3.1.1 Description of Tree Farm Licence (TFL) Area  The Tl'azt'en territory and reserves are located in the centre of the province of British Columbia, approximately 50 kilometres northwest of Fort St. James and about 170 kilometres northwest of Prince George. In 1981, British Columbia allocated a TFL, which is one of the smallest in the province, to the Tl'azt'en Nation (formerly known as Stuart Trembleur Lake Band). The TFL covers much of the Tl'azt'en's traditional territory and is bordered by Stuart Lake, Trembleur Lake, and the Tachie River in the Fort St. James Forest District and is surrounded by the Prince George Timber Supply Area. The total land base for the TFL is 49,394 hectares, with 45,207 hectares of productive forest land or 92 percent of the total area. About 4 percent of the total area is made up of the band's reserves and "cutoff lands, which is suitable for forestry, and the remaining area is Crown land. Forests in the area are predominately softwood species including lodgepole pine (Pinus contorta var. latifolia), white spruce (Picea glaucd), Douglas-fir (Pseudotsuga menziesii) and subalpine fir  {Abies lasiocarpa). Two biogeoclimatic zones, the Engelmann Spruce Subalpine-Fir and the Sub-Boreal Spruce, extend across the licensed area. The TFL area includes vast areas of old growth forests and over 60 percent of the area is made up of mature and over-mature coniferous forests. This storehouse of high quality timber makes it possible for the company to harvest the full productive capacity of the whole TFL, with time and money available to rehabilitate previously logged sites on the reserves and on the fringe areas where outside The Tl'azt'en Nation is a member of the Carrier-Sekani Tribal C o u n c i l whose comprehensive c l a i m was accepted by the federal government i n 1983. The C o u n c i l signed a Framework Agreement with the provincial government i n A p r i l 1997 (B.C. Ministry of Aboriginal Affairs, 1998; Cassidy a n d Dale, 1988: 110). 2 2  48  companies had harvested during the 1950s and 1960s (Hopwood, 1988: 17; Pedersen, 1996a).  3.1.2 Background of Obtaining the TFL The Tl'azt'en Nation had serious social problems including high suicide rates and astronomical unemployment rate. These issues urged the Tl'azt'en people to pursue economic development for their band members. Tl'azt'en people decided to focus on their abundant forest resources, which were being logged by non-native companies, as a means of enhancement of employment and social well-being (Cassidy and Dale, 1988: 109). They competed for forest tenure to create job training and employment opportunities close to home and at the same time to control forest use on their traditional territory (Nathan, 1993: 146; NAFA, 1993: 20). Under the restriction of the Indian Act, the Tl'azt'en Nation had to obtain a federal Order-in-Council and incorporate Tanizul Timber Ltd. in order to acquire a TFL for managing forest land both within and outside of their reserve. In 1981, after fifteen years of negotiations, the Tl'azt'en Nation became the first aboriginal group in the province to hold a Tree Farm License (TFL 42). The TFL is a 25-year lease of forest land with an original AAC set at 120,000 cubic metres. The AAC later increased to approximately 132,300 cubic metres, which accounted for about 0.7 percent of the AAC of TFLs in 1991 (IFABC, 1991: Attachment #5, p. 4).  3.1.3 Tanizul Timber and Community Development Tanizul Timber Ltd. is a non-profit organization and hires aboriginal staff and seasonal silvicultural workers (Nathan, 1993: 146). The enterprise has been managing 2,500 hectares of forest on Tl'azt'en Indian reserve combined with 49,000 hectares of Crown forest under TFL 42 and has created economic opportunities for the band (NAFA, 1993: 20). A Tree Farm Licence gives the longest term of tenure available under the Forest Act, which is twenty-five years with renewal of every ten years. Thus, the licensees have some flexibility and security for their forest management. As a TFL holder the Tl'azt'en Nation is responsible for its own long-term forest management on both the licenced private forests and Crown forests. Despite its initiatives in forestry, the Tl'azt'en Nation initially employed outside professional assistance to prepare their proposal for forest management in the TFL area. This strategy was successful to acquire the necessary federal financial assistance, including that for capital equipment and training for the band members (NAFA, 1993: 20). 49  When the Tl'azt'en Nation obtained the harvest licence, the band had no experience in business or natural resource management or even equity funding for forest operation and the band members did not have sufficient forestry skills. The Tl'azt'en Nation, however, has overcome those deficiencies with training programs and has created social and economic benefits from their forest management. Over the first five years of operations of Tanizul Timber, for example, the federal sponsored job creation and training projects provided work and training in forestry for about ninety individuals of the band members. Those projects led to long-term employment on- and off- reserves and increased the income levels and economic stability of the band members. In 1982, the band members accounted for about 30 percent of the employment in Tanizul Timber, and the number increased to 40-45 percent five years later. By that time, Tanizul Timber has provided employment for between 75 and 125 people depending on the volume of logging and reforestation undertaken. Currently, more than half of the 80 jobs in operating the TFL, are held by the band members, but the President of the company hopes that Tl'azt'en band members will eventually manage all aspects of the business (Denman Community Forest Cooperative, 2000; Hopwood, 1988: 22, 25). A community-elected six-member board oversees forest operations by Tanizul Timber for the community. The Directors seek the authority of the Tl'azt'en Nation on all economic, operational, cultural and social issues of management of TFL 42 (Pedersen, 1996). The revenue generated by Tanizul Timber stays in the community for supporting the local economy. It is estimated that the company has recycled $9.6 million into the local economy and that it is currently generating between $4 and $6 million annually depending on the cut volume and market conditions. The revenue from stumpage, which is set as $10 per cubic metre on average, generates approximately $ 1 million annually for the provincial government (Nathan 1993: 147; Office of the Auditor General of Canada, 1992). Tanizul Timber Ltd. has aimed not only at economic development of the community but at integrated forest management. For example, the company operates Terrestrial Ecosystem Mapping, which works on wildlife, in its TFL area. The information about the mapping system is useful for the decision-making process for both wildlife and forest resource management at the operational and the strategic levels (LUCO, 1998b). The First Nations Forestry Program (FNFP) is planning to create a research forest with a fund of $20,000 for a feasibility study looking at the establishment of the Aboriginal Natural Resource Centre in 50  the Fort St. James area. This project supports the Tl'azt'en Nation initiative to develop a new training program that provides First Nations with hands-on, aboriginal-based natural resource management training (CFS, 1999a). Since Tanizul Timber started and has been in charge of economic development, the Tl'azt'en administration have stimulated public services such as education, public works, health and social welfare. The band has a comprehensive drug and alcohol abuse program, and it is reported that these social problems have decreased. However, Tanuzul Timber is the only major economic activity for the Tl'azt'en Nation, since the biogeoclimatic conditions of the area confines the band to a relatively small territory. It is difficult for the Tl'azt'en Nation to find other means of community development. For example, the efforts of the band to promote a recreational subdivision on Stuart Lake was unsuccessful because of the limitation of the large licensed areas, which are needed for the activities and opportunities for hunting guides and big game outfitters (Hopwood, 1988: 9, 14).  3.1.4 Dilemmas  The Tl'azt'en Nation is faced with a difficulty in reconciling its traditional values and multiple forest uses based on the government regulations despite the success of Tanizul Timber. The concept of the AAC and the conventional forest management practices, including road construction and reforestation requirements, are not compatible either with the forest use philosophies of the elders or with traditional forest-based activities such as hunting and trapping. The AAC of TFL 42 is set at 132,000 cubic metres, but the long-term harvesting level is estimated as approximately 74,000 cubic metres (Marchak, Aycock, and Herbert, 1999: 29). That is, if Tanizul Timber respects the AAC, then the licenced area is overcut and environmentally damaged. In addition, the involvement of the band members in forestry has initiated some social conflicts. Some of them have concerns about the high expectations for jobs and economic prosperity anticipated from Tanizul Timber, while others do not welcome the public access to their traditional territory (Denman Community Forest Cooporative, 2000; Hopwood, 1988: 29). Therefore, it is challenging for the Tl'azt'en people and Tanizul Timber to look for ways of incorporating the traditional values of the community with contemporary forest management. Nonetheless, having a TFL is still profitable for the band from a socioeconomic point of view.  51  3.2 The Westbank Nation: A Case Study of Unauthorized Logging on Crown Land Although many First Nations have claimed their traditional territories, most of their negotiations are progressing at an extremely slow pace. In September 1999, frustrated with the situation, members of the Westbank Nation, which is part of the Okanagan people,  23  began logging near Hidden Creek after their treaty negotiations with the provincial and federal governments broke off. The protest logging by the Westbank Nation was controversial, since the band does not have forest tenure for the area where its members cut trees. The argument over the native logging demonstrates not only the feud between First Nations and the government but the implications of the forest tenure system for First Nations. 3.2.1 Description of the Timber Supply Area (TSA) The Okanagan TSA, where the traditional territory of the Westbank Nation is located, is in the Kamloops Forest Region in the southern interior of British Columbia. The total land base of the TSA is 2,173,271 hectares, which is one of the largest and the most ecologically complex in the province. The TSA consists of seven biogeoclimatic zones, and the dominant tree species are lodgepole pine, Engelman spruce (Picea engelmanii), and amabilis fir (Abies amabilis) (Pedersen, 1996b). About 65 percent of the TSA are considered as productive Crown forests, and the total AAC of 1998 was 2,615,000 cubic metres. The long term harvesting level in the same year was estimated as 2,022,000 cubic metres, and the overcut rate was 29.3 percent (Marchak, Aycock, and Herbert, 1999: 28). In the TSA, Riverside Forest Products Ltd., which is one of the major forestry companies, has a Forest Licence with 767,413 cubic metres of AAC and operates a large integrated sawmill and veneer-plywood plant in Kelowna. Other large companies including Weyerhaeuser Canada Ltd. and some private firms have harvesting licences in the TSA (Beatty and Pemberton, 1999a; Economic Development Commission, 1999; Marchak, Aycock, and Herbert, 1999: 187). The timber harvested from the TSA supplies less than two-thirds of the mill capacity within the TSA. The forest industry is the major industry especially in the northern part of the TSA, although other industries including agriculture, tourism, and construction are also important in the TSA (Pedersen, 1996b).  The Westbank Nation broke away from the Okanagan Nation i n 1963. 52  3.2.2 Background of the Protest Logging: Land Claim and Forestry in the Claimed Area The Westbank Nation is one of the ten First Nation bands in the Okanagan TSA situated opposite to the City of Kelowna on the west shore of Okanagan Lake. The band has traditionally resided in south central B.C. and extends from an area west of Kelowna to the Slocan Valley and has a population of approximately 500 band members. Two reserves of the Westbank Nation, Tsinstikeptum 9 and 10, comprise about 970 hectares on bench lands above Okanagan Lake. These reserves are scheduled for residential development in the 24  Okanagan Valley, particularly in the Kelowna area (Hall, Cowin, and Rowan, 1988: x; Simpson, 1997). The Westbank Nation has a woodlot licence with 830 cubic metres of AAC (IFABC, 1991: Attachment #7, p. 8). However, according to the Westbank Chief Ron Derrickson, all the band has been offered are paltry amounts of wind-blown and burned timber that is not even within the traditional territory of the Westbank Nation (Beatty and Pemberton, 1999a). The Westbank people think that the band should be allowed to harvest timber on their traditional territory and has attempted to get forest tenure for 600,000 cubic metres of harvest volume. This volume is smaller than the AAC of Riverside Forest Products Ltd., but larger than other company's AAC in the TSA. The most AAC in the TSA are allocated to large corporations and the total AAC of the TSA is already over the long-term harvesting level. Thus, largescale tenure reform is needed if the Westbank Nation obtains forest tenure with its claiming harvest volume. Tenure reform, however, is institutionally difficult to be implemented, and the provincial government is not actively pursuing the reformation, since the issue of forest tenure is strongly related to aboriginal land rights and title. In December 1993, the Westbank Nation submitted a statement of its intent to negotiate a treaty, and the B.C. Treaty Commission accepted the claim the following month. In February 1997, it was announced that a Framework Agreement had been signed, and the band members expressed their strong support in favor of working towards a treaty. The treaty negotiations included discussion on environmental management, fish and wildlife, and land use and management (B.C. Ministry of Aboriginal Affairs, 1997; Simpson, 1997). The negotiation made little progress and there was no active talks for about a year, even though the band was technically in the treaty process (Beatty and Pemberton, 1999a). In 1999, the 2 4  The Westbank Natioin has another distant reserve, Mission Creek Reserve 8 consists  53  treaty negotiations with the provincial government broke off, and the Westbank members commenced logging on Crown land without government authorization. The area where the Westbank Nation began logging is about 20 kilometres northwest of Westbank, which is a community just across Okanagan Lake from Kelowna. More than a dozen Westbank band members cut into 19 hectares of timber in the area within a day, although provincial law forbids mills from buying and processing the wood. They soon stopped logging voluntarily, but other native bands took up the challenge and began cutting trees (Beatty and Pemberton, 1999b). 3.2.3 Interpretation of the Delgamuukw Decision  Subject to the aboriginal land rights and title, the Westbank Nation began logging on the areas of Crown land without authority under the Forest Act. In response, the Ministry of Forests issued a stop work order to the Westbank pursuant to the Forest Practices Code of British Columbia Act, and the provincial government accused the Westbank Nation of breaking the law by logging on Crown land (Davis & Company, 1999a). The Westbank Nation refused to comply with the stop work order and asserted their rights to logging based on the principle that aboriginal land rights include natural resources within the lands. The argument of the Westbank Nation refers to the Delgamuukw decision of 1997. The Westbank Nation has asserted that the Okanagan Nation has not extinguished the rights to its traditional lands and to benefit from the resources from the land, so that the rights to natural resources on its traditional lands were never surrendered by treaty. Based on this assertion, the Westbank Nation, as part of the Okanagan Nation, has justified their rights to harvest timber within the traditional lands of the Okanagan Nation. All the Union of B.C. Chiefs and Grand Chief Phil Fontaine of the Assembly of First Nations, Okanagan bands, and Shuwap bands supported the action of the Westbank Nation (Assembly of First Nations, 1999; Beatty and Pemberton, 1999a). In addition to the affirmation about aboriginal land rights, the Supreme Court of Canada stated that the area, location, and boundary of the claimed land to be resolved through negotiation and, if necessary, by litigation. From this point of view, aboriginal land rights include the rights to natural resources within the lands, and logging by First Nations on the land where they have ownership is not illegal (Boyd, 1999). However, the provincial of only about 2 hectares and is u n i n h a b i t e d (Hall, Cowin, and Rowan, 1988: 5). 54  government has failed to address the ramifications and the implications of the Delgamuukw decision and has refused to negotiate an interim agreement and to give First Nations forest tenure (Boyd, 1999). 3.2.4 Implications of the Protest Logging by the Westbank Nation The Westbank Nation is not the only First Nation band that has been frustrated with the dragging treaty negotiations and the inequality of the forest tenure system. Currently, First Nations hold licences to less than 1 percent of the AAC (Boyd, 1999). Most of First Nations have been struggling with obtaining forest tenure and with the little progress of their land claims. The fact that two other native bands decided immediately to join the Westbank band members in logging and that the representatives of more than 100 B.C. tribal groups passed a resolution supporting the Westbank action explains that the Westbank situation is the tip of an iceberg. In addition to the protest logging, the Westbank Nation was planning to launch an international boycott of all timber cut by non-natives, although the band did not carry this out (Vancouver Sun, 1999a). The boycott, if it had occurred, might devastate the forest industry of British Columbia, which is dependent on international trade and foreign markets. The forest industry, particularly large corporations, might oppose and be concerned about the corollary of the native logging, since these corporations have been operating forests on the lands claimed by First Nations. The dispute of the provincial government over the Westbank Nation strained the relationship between First Nations and the government and increased First Nation antagonism. Since many First Nations have resented the process of their treaty negotiations, they might begin similar or more radical protest. The Westbank action increased unrest of other aboriginal groups, but equally revealed the frustration of First Nations about their land claims as well as their struggles for obtaining forest tenure. 3.3 The Nisga'a Nation: A Case Study of Forest Management under Self-government The Nisga'a Nation is active in and dependent on the forest industry, which is the major employment for the band members. Even so, the band members have been concerned that their employment in forestry by non-native enterprises becomes more insecure year to year. The Nisga'a people registered in the Small Business Forest Enterprise Program (SBFEP) to  55  secure the timber harvesting while they have been in pursuit of land claims. Their primary motivation has arisen from the fear that forests of the Nass River Valley will be damaged both by logging by the existing non-aboriginal tenure holders and by provincial forest resource management. Thus, the Nisga'a claimed total ownership and control over the remaining forest resources (Bridges, 1994: 8; Notzke, 1994: 101). The Nisga'a Treaty, the first modern treaty in British Columbia, was ratified in April 2000 albeit after a lengthy negotiation period. This is a big step to the evolution of a new approach of forest management by First Nations. 3.3.1 Description of Nisga'a Lands The Nass River, which flows from Nass Lake through the Coast Range Mountains to Mill Bay to the Nass estuary in northwestern British Columbia, is 384 kilometres in length and has a number of tributaries that are geographically and historically important. Meziadin Lake is located about midway up the river is an important salmon spawning area, and Bowser Lake that is 233 kilometres away from the tidewater is another important salmon habitat (Sterritt, 1998: 75). The size of the watershed of the river is 21,150 square kilometres, and four tribal groups, the Tahltan, Gitksan, Gitanyow, and Nisga'a peoples, claim territory in the Nass watershed between Nass Lake, at its headwaters, and Aiyansh (Sterritt, 1998: 75) (Figure 3.1). The Nisga'a people, who live in the Nass Valley, have always been one of the most vocal of the First Nations of the province. They are a part of the Tshimshian language group, along with the neighboring Gitksan, Coast Tsimshian and Southern Tsimshian. Like other Northwest coast aboriginal groups, the Nisga'a people carved their monumental totemic sculptures from red cedar and have a matrilineal culture that differentiates clans (Jensen, 1992: 3, 7). The traditional territory of the Nisga'a people is 14,830 square kilometres, but only 76 square kilometres (0.5 percent of the original territory) are considered as Nisga'a Lands by the Canadian authorities (Raunet, 1996: 74). The Nisga'a communities in the Nass Valley are situated approximately 145 kilometres north of Prince Rupert with the total population of about 2,500. Those communities of Kincolith and Lakalzap (Greenville) are inside the North Coast TSA and Gitwinksihlkw (Canyon City) and Gitlakdamix (New Aiyansh) are in the Kalum South TSA. Located in a remote area, the Nisga'a people were able to maintain their traditional culture and economy for a long while, unlike the many First 56  Nations in Canada.  Figure 3.1 Aboriginal territories in the Nass Watershed (Sterritt, 1998: 76)  3.3.2 History of Forestry in the Nass Valley  In 1858, when the colony of British Columbia was established, many Europeans lured by the Gold Rush arrived to start mining. This was followed by commercial logging and fisheries in the area, but the Nass Valley was left alone until the late 1940s due to its remoteness. In 1948, the original Forest Management Licence (now renamed Tree Farm Licence) No.l was granted to U.S.-based Columbia Cellulose, which was the first big timber company in the Nass River Valley, with permission of an annual timber cut of 41,000 cubic metres. The licence covered 3,350 square kilometres of the Nass Valley and industrial logging in the area started in 1950 when Columbia Cellulose began forest operation and built a pulpmill. By 1964 Columbia Cellulose built up a total holding of 7,284 square kilometres, which was more than a third on Nisga'a traditional land and clearcut the valleys and hills in the area. The timber was trucked on unpaved roads to Terrace on the Skeena River or else floated down to the harbour of Prince Rupert, then sawed or transformed into pulp to export to the U.S., Japan, and European countries. In 1958, the company extended a 105-kilometre unpaved road into the heart of Nisga'a country linking the valley for the first time to the British Columbia highway network (Raunet, 1996: 181). The AAC of Columbia Cellulose was increased to over 1 million cubic metres in 1964, and it passed 2 million cubic metres by 1970. (Raunet, 1996: 182). Columbia Cellulose offered the new market including about three hundred jobs to the Nisga'a people, and the local economy hinged on the forest industry. However, reforestation by the company did not keep up with its logging, and the most valuable trees of the old growth forests did not grow back. The failure of the reforestation scheme was serious in the bottomlands of the Nass Valley, where the temperate rainforests used to dominate and were replaced by dense bush of less valuable species. The vast forest land in the lower Nass Valley has degraded due to the mismanagement and insufficient reforestation practices under the "relaxed" environmental standards of the BC Forest Service. The Nisga'a people, who have seen little return from the industrial logging, were concerned about the environmental damage to forests on their land, and in 1978, they prepared a detailed forest plan by themselves. The core of the plan was to transfer the authority from the provincial government to the Nisga'a people. The proposal was convinced that it could rationalize the exploitation of forest resources by building a network 59  of paved roads to be financed by a levy on the timber harvest. The Nisga'a Nation considered that the logging operation in the Nass Valley was supporting the vaster regions, so the band proposed a strategy for sustained yield management that involved partnership among the existing timber companies, the province, and First Nations. In order to guarantee the mills of the region, which required the huge quantities of timber, the Nisga'a people suggested fixing the AAC in their territory to 600,000 cubic metres. Although the non25  native operators were to be guaranteed sufficient timber supply to at least recover their investment in the region during the transition to Nisga'a management, the province rejected the proposed plan (Notzke, 1994: 101; Raunet, 1996: 186). On the other hand, Columbia Cellulose started losing money from 1966, and its deficit had climbed to $120 million by 1973 (Raunet, 1996: 182). In 1979, the company left British Columbia and its antiquated pulpmill and forest tenure were taken over by a Crown corporation that later became Westar Timber (Marchak, Aycock, and Herbert, 1999: 116). The Nisga'a employment in Wester Timber reached a peak when the company operated TFL 1 in the Nass Valley, however more recently employment has declined. In 1982 the Nisga'a Tribal Council commissioned a study of a technical evaluation of forest management and practices in the Nass Valley. The study found that 36,000 hectares of the lower Nass Valley had not been properly reforested and about 73 percent of the soil had become significantly degraded after logging. The final report documented severe mismanagement of TFL 1, which dates back to the first commercial logging by Columbia Cellulose in 1958. This included soil degradation, highgrading, and improper reforestation. The report also proposed a more radical approach to aboriginal community-based forestry, in which the Nisga'a Nation would take over much of TFL 1 from the licensee, Westar Timber, to carry out integrated resource management (Notzke, 1994: 101). In 1985, while promoting its proposal, the Nisga'a Tribal Council launched a formal complaint with the provincial Ombudsman about the issues of overcut and the lack of reforestation by Westar Timber. A study commissioned by the Nisga'a Nation showed that most of the area logged by the company had not been sufficiently reforested. Soil degradation and loss of fish and game habitat had prevented the Nisga'a people from fishing Currently, Repap British Columbia Inc. holds T F L 1 with the A A C of 720,000 cubic metres. The long-term harvesting level of the T F L is estimated as 655,000 cubic metres, a n d the level of overcut is 9.82 percent (Marchak, Aycock, a n d Herbert, 1999: 2 5  60  and hunting, and the band members had very few employment opportunities in the local logging operations. Silva Ecosystems, which was employed by the Council to conduct an evaluation of TFL 1, also reported poor forest management in the Nass Valley. The evaluation reports revealed that the timber companies, which manipulated the A A C , had harvested the most accessible and high-quality timber, but had ignored the poorer-quality or less accessible timber. The investigation the Ombudsman confirmed the findings and called for a fundamental restructuring of tenure conditions to rehabilitate the poorly managed forests in the area (Cassidy and Dale, 1988: 121; Marchak, 1995: 105; Marchak, Aycock and Herbert. 1999: 117;Notzke, 1994: 101-102). The Nisga'a people asked the Ministry of Forests to transfer TFL 1 to them regardless of the status of their comprehensive claim. At the same time, they tried to purchase the licence from Westar Timber when the company requested and was granted a reduction of its TFL. However, the Nisga'a people did not succeed. The Nisga'a Tribal Council attempted to combine the relinquished lands with higher quality areas to form a TSA, but the Ministry of Forests granted the licence instead to contractors from Terrace and Vancouver (Cassidy and Dale, 1988: 121;Notzke, 1994: 102). Rather than reducing the A A C , the provincial government expanded the A A C of the TFL to provide the industry with more tenure security in 1987, which resulted in liquidating old growth forests in the upper Nass watershed (MOF, 1995: 284).  26  Consequently, about 200 square kilometres near Bowser and Meziadin Lake  were razed. The vast forests of the region were gone, and in 1997, Repap British Columbia Inc., which owns the Skeena mill in Port Edward that the Nisga'a people sell their logs, announced its intention to close the antiquated mill (Marchak, Aycock, and Herbert, 1999: 119). Currently, timber in the North Coast Forest District is harvested under a number of tenure arrangements and the largest component makes up about 70 percent of the harvest in the Forest District. Additional harvesting within the Forest District, but outside the North Coast TSA, occurs on TFL 25, Indian reserves, and private lands (Bridges, 1994: 12).  3.3.3 Background of the Nisga'a Treaty The comprehensive land claim process of the Nisga'a Nation dates back to the 1970s. 29). The provincial government announced major policy changes, a n d the T F L program was to expand from 28 percent to about 66 percent of the provincial A A C (B.C. Ministry of Forests, 1995). 2 6  61  Concerned about forests that had been logged at rates many times higher than those which can be sustained and would result in all remaining productive old growth to be gone, the Nisga'a entered a land claim but lost its case o f 1970. Three years later the N i s g a ' a people appealed to the federal government to negotiate a treaty settlement, and they began negotiation with British Columbia and Canada in 1976. However, the negotiation was conducted on a bilateral basis between Canada and the N i s g a ' a Tribal Council. The provincial government did not join the negotiating table until 1990, and a tripartite Framework Agreement was signed in 1991 among the N i s g a ' a Tribal Council, British Columbia, and Canada. In February 1996, these three parties initialled an agreement-in-principle (AIP), which was ratified by the N i s g a ' a Nation and signed in March in the same year in N e w Aiyansh. The A I P provided for a financial transfer o f $190 million and the establishment o f a Nisga'a Central Government with ownership o f about 2,000 square kilometres o f land, much o f which is currently provincial forests, in the Nass Valley. It also outlined the band's ownership o f surface and subsurface resources on N i s g a ' a Lands and spelled out entitlements to Nass River salmon stocks and wildlife harvests in the area. Negotiation on the Final Agreement was signed on July 1998. The N i s g a ' a Nation was able to secure 10 percent o f the original land that they claimed and gained control over the forests and other natural resources in the upper Nass Valley. The land, which the N i s g a ' a Nation controls, is held in fee simple, which means that the land is be treated similarly to other private lands in British Columbia and can be used as collateral or sold off in whole or in part to any parson i f the band government decides. The existing Indian reserves are converted to fee simple holdings. The N i s g a ' a Nation also launched the Nisga'a Economic Enterprise Corporation ( N E E ) to develop its economy with the forest industry. The N i s g a ' a people lacked the capital or management experience o f forest operation, and thus they looked for the best forest companies that offered joint venture with the band (Lewis and Hatton, 1992: 23). The forest operation by the N E E went on for only two years, but it provided some logging employment and made the N i s g a ' a people more active in silviculture during the last decade. Yet the Nisga'a people were concerned about economic uncertainty and it was important to see an agreement that would allow the band to obtain some economic certainty i n the forest industry. Thus, the band also started two silviculture operations that have provided  62  employment in Lakalzap and registered it with the S B F E P (Bridges, 1994: 8). The basic position o f the federal and provincial governments in negotiating with First Nations in British Columbia is based on the principle o f land selections, where each First Nation chooses a single land base, then these parties negotiate the size o f the land parcel. In the case o f the N i s g a ' a Nation, the traditional land selection model was less complicated than that o f others because o f the characteristics o f the population composition and the approach to negotiation. The residents living in the chosen territory were mostly aboriginal people. About 2,500 people out o f the nearly 6,000 N i s g a ' a Nation live in the N i s g a ' a village o f Gingolx (Kincolith), Lakalzap (Greenville), Gitwinksihlkew (Canyon City) and Gitlakdamiks (New Aiyansh). Although the remaining 3,500 live elsewhere in Canada and around the world, the sizable aboriginal population, including good leaders, was effective in settlement o f the N i s g a ' a Final Agreement ( N F A ) . It was also successful in that the final agreement focused on future problems rather than the past issues. Compensation to affected tenure holders would be discussed between the provincial government and the tenure holders, but not addressed in the agreement itself. In addition, the Delgamuukw decision influenced positively the settlement o f the N F A . The provincial and federal governments gave the Nisga'a Nation an array o f rights and benefits based on the assertion that the N i s g a ' a Nation had lived in the Nass Valley since time memorial. Although N i s g a ' a Lands overlap with the area claimed by other First Nations and the evidence o f the N i s g a ' a ownership o f the watershed is not sufficient, the N i s g a ' a Nation obtained the area because it is the principal First Nation who settled in the Nass River Valley (Poelzer, 1998: 100; Sterritt, 1998: 95).  27  3.3.4 Forestry Implications of the Nisga'a Agreement The N i s g a ' a Final Agreement ( N F A ) sets out the N i s g a ' a ownership o f all the forest resources within N i s g a ' a Lands. The N F A establishes a transition period o f five years during which the existing provincial forest licensees can continue their logging operations on Nisga'a Lands and the Nisga'a Nation can set out the rules for forestry activities for both during, and after, the transition period. Federal and provincial laws continue to apply to Nisga'a Lands except when in conflict with the N F A , but the Forest Act and the Forest  Sterritt (1998) shows historical evidences of l a n d claim overlaps on the Nisga'a lands a n d points out the failure of the provincial a n d federal governments.  2 7  63  Practices Code of British Columbia Act are replaced with Nisga'a timber resource management laws for timber harvesting, silviculture, and road construction. The Nisga'a government also have the right to set rules and standards, which must meet or exceed provincial ones, to regulate forest practices on its lands. The following sections describe the status of the major forestry issues comparing during and after thefive-yeartransition period. Forest Transition Committee  During the transition period, a Forest Transition Committee, which consists of one representative of each of the province and the Nisga'a Nation, conducts and approves the forest operational plans during the transition period (Davis & Company, 1999b). Ownership  The Nisga'a Nation owns all Nisga'a Lands, including some part of TFL 1 and lands in three TSAs (Nass, Kalum and North Coast) that are currently operated by two forest licences. After the transition period, all rights in the existing tenure holders expire, but the residual obligations for road deactivation and silviculture continue to be with the responsibility of the relevant tenure holders under the Forest Act. The province remains responsible for enforcing compliance with forest practices legislation by tenure holders of agreements under the Forest Act.  Harvesting rights on Crown lands are not transferable under the Forest Act and on Indian reserves under the Indian Act, and after the transition period the Nisga'a Nation is able to transfer the harvesting licences on Nisga'a Lands, as well as other forest resources from Nisga'a Lands (Davis & Company, 1999b). Transition Licences  During the first three years of the transition period, the provincial government apportions the harvest rights among the existing licensees under the Forest Act. The allowable timber volume declines over years four and five, while the Nisga'a Nation gradually receives a higher proportion of the allowable volume. The province issues a new form of "licence" to the existing tenure holders in the nature of a non-replaceable forest licence or timber sale licence. These licences expires by the end of the transition period. The total allowable volume decreases after year six, but the Nisga'a Nation is authorized to the whole harvest 64  (Davis & Company, 1999b). Forest Practices  During the transition period, the Forest Practices Code applies to temporary licence holders and to Nisga'a operations on other provincial Crown lands, but not to the Nisga'a forestry activities on Nisga'a Lands. These are subject to the Nisga'a timber resource management laws. However, the rules and standards to regulate forest practices on the Nisga'a Lands should meet or exceed provincial standards under the Forest Practices Code of British Columbia Act for timber harvesting, silviculture, and road construction, as well as harvesting and conservation practices for non-timber resources (Davis & Company, 1999b). After the new laws developed by the Nisga'a Nation replace the Forest Act and Forest Practices Code. The following subject areas are addressed in the new legislation: -  riparian management;  -  cutblock design and distribution;  -  road construction, maintenance and deactivation;  -  reforestation;  -  soil conservation;  -  biodiversity;  -  hazard abatement, fire preparedness and initial fire suppression;  -  silvicultural systems and logging methods; and forest health. The provisions of forest practices in the NFA is complex, but the general principle of  federal and provincial laws holds in Nisga'a Lands unless inconsistent with the NFA (Davis & Company, 1999b). Timber Cut Volume and cut control  During the transition period, the volume of timber harvested on Nisga'a Lands should be constant, then decline over the next four years (Table 3.1) (Davis & Company, 1999b). The licence holders operating on Nisga'a Lands are currently subject to the AAC under the Forest Act. For four years after the transition period the NFA limits the rate of harvest from Nisga'a Lands. Harvesting is not subject to cut control under the Forest Act after the transition, but is subject to cut control under Nisga'a timber resource management laws. The 65  Nisga'a Nation and the province may negotiate agreements in respect to the cut volume, but the harvest rate is determined by the Nisga'a Nation in the case of absence of agreements (Davis & Company, 1999b). Table 3.1 Harvest volume from Nisga'a Lands other than Indian reserves (Davis & Company, 1999b) Year Timber Cut Timber Cut Total Timber (from Effective Volume to the Volume to the Cut Volume Date) Existing Nisga'a Nation (m3) Tenure Holders (m3) (m3) 1 155,000 10,000 165,000 2 155,000 10,000 165,000 3 155,000 10,000 165,000 4 135,000 30,000 165,000 5 125,000 40,000 165,000 6 135,000 135,000 7 135,000 135,000 8 135,000 135,000 9 130,000 130,000 ? ? 10+ Stumpage  The actual stumpage is paid to the province by the tenure holder, but the Nisga'a Nation earns a portion of stumpage from the province for timber harvested on Nisga'a Lands by the tenure holders during the transition period. The province determines the amount paid to the Nisga'a Nation considering the notional profit by the tenure holders who pay the actual stumpage. The notional profit is calculated as the difference between the Vancouver log market price for the timber and harvesting costs (Davis & Company, 1999b). After the transition period, the Nisga'a Nation is entitled to levy stumpage charges for any timber harvesting on Nisga'a Lands authorised under authority of the Nisga'a Nation (Davis & Company, 1999b). Contractors  Licences issued to tenure holders during the transition period have to use Nisga'a contractors, if available, for a significant part of the logging by allocating 50 percent for the first year and 70 percent for years two through five of the timber harvest. This displaces 66  contractors currently servicing tenure holders on Nisga'a Lands (Davis & Company, 1999b). Under the Forest Act and Timber Harvesting Contract and Subcontract Regulation,  contractors to tenure holders have certain prescribed rights. With the loss of land to tenure holders operating on TFL 1 and the three TSAs affected by the NFA, the AAC is reduced and may affect the employment for the Nisga'a Nation. The NFA has no control over the treatment of contractors except during the transition period (Davis & Company, 1999b). 3.3.5 Remaining Concerns for Forest Management on Nisga'a Lands In terms of forestry legislation, the Nisga'a Nation is different from other First Nations in British Columbia because it has its own laws for forest practices on Nisga'a Lands. The NFA reflects a significant change in the regulatory framework of provincial forest standards, details of the transition of timber harvesting, and forest management from Crown control to Nisga'a control. Yet, there remain arguments over the authority of the Nisga'a Nation for its forest management. For the settlement of NFA, the provincial government has consulted with the Nisga'a Nation on all timber harvesting and forest management on Nisga'a Lands. The Nisga'a Nation and the provincial government negotiated to decide the harvesting time and timber cut volume on Nisga'a Lands. This approach seems to give the Nisga'a all the control over its logging operations, but in fact, stringent restrictions are put on the Nisga'a Nation so that its forest operations can hardly deviate from the status quo. For example, the future harvesting rates are mandated to remain near to the current provincial levels. The standards in the Nisga'a forest management laws must "meet or exceed" the forest standards applicable to Crown lands under forest practices legislation. However, it is not clear how and who assesses the forest operation on Nisga'a Lands and determines if Nisga'a standards are satisfactory and less intrusive on the environment than those of the province. In addition, much of the lands granted to the Nisga'a Nation have already been cut over, and the Nisga'a Nation can not establish its own primary timber-processing facility for the next decade. The Nisga'a Nation may launch joint ventures to work with the existing nonaboriginal facilities and promote the value-added timber processing (M'Gonigle, 1998 b: 169). Nonetheless, it is hard to say that the Nisga'a Nation has authority over all forest management on Nisga'a Lands.  67  Chapter Conclusion  For First Nations, as illustrated above, obtaining forest tenure is significant to manage forest resources on their traditional lands and is strongly related to their self-governance. However, the total AAC for aboriginal licensees is infinitesimal and their licenced areas are usually too small to support the local economy. The case studies of the Tl'azt'en, the Westbank Nations indicate that the AAC and the forest tenure type are critical for forestbased community development. In addition, the relationship of First Nations with the government and the industry affects their forest management. The Tl'azt'en and the Nisga'a Nations worked with non-native parties in developing their forest management plans and operations, even though they have been concerned about exploitation of forest resources by non-native licensees on their traditional lands. Tanizul Timber has played an important role in economic development of the local community and becomes of an example of small-scale, community-based forestry, while the Nisga'a Nation settled treaty negotiations and has its own forest management laws on Nisga'a Lands. On the other hand, the Westbank actions isolated the band from forestry of the province by giving the government excuse for being difficult about issuing forest tenure to First Nations and by increasing concerns of the forest industry over working with the Westbank Nation in the future forestry operations. For First Nations and the government, chronic societal problems in aboriginal communities are a big issue. Thus, one of the major expectations of native forest management is the increase of social stability and economic self-sufficiency of these communities through forest-based community development. Although the current tenure system is exclusive for First Nations, their control over forest resources can be increased by an effective approach to the government and the industry. It is also important for the existing aboriginal licensees to demonstrate that First Nations have ability to cooperate with other parties and potential to forestry of the province.  68  Chapter 4: Recommendations for the Future The current major controversy in forestry may be classified under the categories of institutional, socioeconomic, and environmental, all of which are represented by the tenure system, economic uncertainty by market globalization, and depletion of old growth forests. What is interesting is that these issues overlap with the problems of First Nations in their forest management. The fact that aboriginal people have been institutionally and economically excluded in forest management is arguable as well as the fact that few of them have rights to their traditional territories and natural resources. The issues of forestry that are related to aboriginal people have just begun to be spotlighted, and it is now recognized that First Nations play a significant role in forestry of British Columbia. This chapter has two major objectives; one is to examine how these problems in forestry effect and interact with aboriginal people, and the other is to suggest possible changes and strategies for improving the current forestry situation within the institutional and economic framework by focusing on the roles of aboriginal people in forestry.  4.1 Institutional Change 4.1.1 Reallocation of Forest Tenure The existing forest tenure system is advantageous only for large-scale forest management operators and neglects First Nations as well as other small-scale licensees and communities. Therefore, it is inevitable that it will be necessary to carry out the drastic reallocation of licences to increase the involvement of First Nations in forest management through community forestry. Under the current policy, the provincial government can take back 5 percent of the A A C from the existing licensees without compensation for various public purposes, but it might be possible to increase the A A C withdrawn from the licensees for reallocation. The question is, will the provincial government reallocate forest tenure by taking some A A C away from the major licensees that lead the forest industry? For the provincial government, its relationship with the forest industry is important because the dominant large firms are the essential source of revenue. However, the foreign markets, on which the forest industry of British Columbia is dependent, are highly competitive. That is, even large forest companies are unstable in the marketplace, and it has resulted in insufficient stability in providing those companies with a steady or increasing timber supply to avoid the fluctuations of the industry. It is also questionable whether there is a need for sympathy 69  toward large corporations whose A A C might be reduced for reallocating into First Nations, communities, and small businesses. Forestry in British Columbia is under pressure by the environmental movement as well. One of the most remarkable events in the last few decades is the local and international alliance of environmental groups and First Nations to protest against large-scale logging, particularly old growth logging, by large corporations. The protest of First Nations is rooted in their cultural values of old growth forests and their rights to the lands, while the aims of environmentalists are for old growth conservation from an ecological standpoint. Thus, First Nations may be at variance with environmental groups on logging after the settlement of their land claims. Despite the disparity, the wide range of alliances against the government and the industry can be powerful in lobbying and in getting international attention. Considering such pressure from First Nations and environmental groups and the institutional problems, it is reasonable for the government to reform the forest tenure system. There are some positive perspectives of the reformation. For example, the reallocation of forest tenure could be an important step toward addressing the exclusion of aboriginal people from forestry in the province. First Nations may be able to increase the social stability of their community through forest management and that is what the government expects. It is advantageous for the industry to work with First Nations in integrated forest management. In addition, forest tenure itself can be more accessible for small-scale business.  4.1.2 Defining and B a l a n c i n g the Roles of E a c h P a r t y  The increase of control over forest tenure by First Nations encourages their land claim settlement, which may result in the complication of forest management authority. This is a big concern for both the government and the industry. Especially non-native tenure holders, whose licensed areas overlap the claimed land, are concerned about losing their access to logging, since First Nations may decide not to lease their forests to these existing licensees when their land claims are settled. Not only the continuation of forest operation but also the compensation for the past mismanagement of these non-native licensees on the claimed area will be controversial. Accordingly, the forest industry are prudent in supporting aboriginal land claims and in working with First Nations unless many of the non-native firms ascertain the secure access to logging in the new circumstances. However, the settlement of land claims is a matter of time, although it seems almost  70  impossible to be solved by the slow negotiations. Regardless of the speed of progress, the province needs to be confronted with the transfer of the ownership of Crown forests. What is important is not to retard the land claim settlement, but to reduce the conflicts as much as possible, since the redistribution of forest management authority is crucial for forestry in the province. The three major parties: the government, the forest industry, and First Nations, have a significant role to play in forestry in British Columbia. Still, power of control of each party is not balanced, since First Nations are excluded economically and politically while the others profit by the forest tenure system. Although the number of forest companies that are interested in joint ventures and co-management has increased, First Nations have rarely been involved in those projects at the decision making level. Yet, the connection of the forest industry with the government is still stronger than that with First Nations. In the redistribution of forest management authority, therefore, it is important to define the role of each party with the balance of power. For example, the annual harvest volume can be set by one authority, as it has been, but the long-term sustainable harvest levels need to be considered to avoid rapid deforestation or unsustainable forest practices. Other ecological matters such as pest and fire control may also be able to be managed by the same party, since those problems do not respect boundaries. On the other hand, with this redistribution of authority, the economic issues such as the licence fees, will be more complicated compared with the ecological subjects. Non-native companies presently operate on Crown forests under jurisdiction of the provincial government, which imposes the fees on the licensees. However, if the interpretation of the Delgamuukw decision regarding aboriginal land rights is applied to any First Nations in the province, then First Nations own their traditional territories that are now considered as Crown land, and the position of the government as a rent collector will be disputable. The Nisga'a Nation's approach is a possible way to deal with the issues of stumpage. The existing licensees keep paying stumpage and other fees no matter who the landowner is, as long as they keep logging in the area, but transfer of ownership will impact on the revenue. Since the lands owned by the Nisga'a Nation will no longer be reserve lands under the Indian Act, tax exemption for Nisga'a citizens will be eliminated after the transition period and the government will levy tax on income from forest operations on Nisga'a Lands. However, there is no guideline on stumpage determination of the Nisga'a Nation, and it is possible for 71  non-native forest operators to be charged unreasonable fees for logging on Nisga'a Lands. In addition, there are some concerns regarding forestry on the areas controlled by First Nations. First, it is not clear how far the existing forest tenure system will be applied to the land owned by First Nations except Indian reserves. Second, there is no precise statement about harvesting licences on the native-owned land. In fact, it is not explicit if non-native companies need to obtain licences to operate native-owned forests and who will be responsible for the licences. Third, the lack of independent authority for forestry assessment is a problem. Therefore, the responsibilities and functions of each party need to be clear and a new authority may be established if necessary. Such balanced authority will be effective not only for institutional and economic fairness but also to avoid potential dispute over forestry issued in the province. In addition, every party will have to be independent, be in cooperation with one another, and not to be isolated for the future of forestry of the province in the global scene. 4.2 Socio-economic Challenge Many First Nations make a statement that they feel excluded from the forest industry because of their limited access to forest resources, including markets and employment. Such an environment is related to the lack of economic self-sufficiency of native communities and the resultant social problems. Therefore, in addition to the institutional change, which is the shift of the legal framework, the improvement of the forestry situation from communities is needed. 4.2.1 Educational and Training Programs The majority of aboriginal workers in the forest industry are in positions which do not require high qualifications. In other words, they are not directly involved in the industry at a managerial level and have little control over forestry decision making in the province. These native employees are often insufficiently trained for the positions that require managerial expertise, thus educational and vocational programs in forestry are required to train professionals. The creation of a pool of aboriginal experts in forestry has the potential to alleviate the problems of the forest tenure system and to support the process of land claims. For example, the increase of native professional foresters will give First Nations a strong voice to forest  72  policy on a provincial level. These foresters will play an important role in forest management on traditional lands of First Nations with respect to their conventional forest practices. The concern of the government over forest management by First Nations may also decrease, and consequently, that may turn to be advantageous to First Nations in claiming forest tenure. In order to meet the demands of aboriginal students, more educational programs need to be offered within or near native communities. These programs should be offered to students as integrated courses to prepare them for a multifaceted career in forestry. The forest sector demands expertise with an interdisciplinary background as the field of natural resource management does in general. The critical point is that aboriginal people initiate these educational and training programs, but at the same time, the government provides sufficient incentive for them. Additionally, these programs need to be formal for effectiveness in working with nonnative firms and officials as First Nations knowledge about forest practices and their traditional knowledge is considered as holistic. Formal programs can be combined with TEK to stimulate the participation of aboriginal people in forest management. On the other hand, it is important to encourage non-natives to learn TEK of forest use from aboriginal people. This will be effective in addressing the problems of the lack of communications, respect, trust, and knowledge among First Nations, the government, and the industry.  4.2.2 E m p l o y m e n t O p p o r t u n i t y  The encouragement of educational and training programs would increase the potential of aboriginal people in employment. However, major employers, who are often non-native directed companies in forestry, generally have no commitment to employ aboriginal people and are not ready to employ trained aboriginal people. On the other hand, many aboriginal workers are willing to be employed in their traditional territories, although they have limited access to forest resources under the current tenure system. In order to cope with this problem, the government needs to encourage the existing tenure holders that operate forests on traditional lands of First Nations to offer employment to aboriginal workers. When native workers are not available, those licensees may organize their own training programs with government incentives. For the non-native tenure holders, the relationship with First Nations is critical, since all the major decision about forestry will 73  be left to First Nations after the settlement o f their land claims. The existing licensees that are concerned about the continuation o f forest operation can provide the capital, business acumen, and management skills, while First Nations can supply land, resources, labour, and economic incentives through the government programs (Nathan, 1993: 152). Accordingly, it is efficient for both First Nations and non-aboriginal tenure holders to collaborate in forestry and such cooperation may include development of joint venture or co-management. The job creation and training programs sponsored by the government are still important to promote the participation o f aboriginal people in the forest industry. However, those programs need to be initiated by First Nations, since past projects led by non-natives have often turned irrelevant to the creation o f proper working condition ( N A F A , 1997b). Future training programs need to consider that the short-term and less professional employment opportunities, such as reforestation, are less attractive compared to positions with a long-term possibilities or with better condition in other fields.  4.2.3 M a r k e t C u l t i v a t i o n Finding a new market for forest products is a prerequisite for, but equally a hurdle to, successful forest management. The forest industry is confronted with an unprecedented array o f challenges caused by globalization o f the market. Thus, for small-scale forest operators, it is difficult to survive market globalization and competition with the multinational companies. A recession first hits the highest cost producers, often the small enterprises which are often labour intensive. Considering the limited access to timber supply and markets, which are beyond local control, First Nations need to target a market for their products. This w i l l be one o f the most difficult stages o f native forest management, which is the result o f both institutional and economic factors. On the other hand, First Nations may take advantage o f the environmental movement. Their collaboration with environmental groups w i l l be a powerful tool to approach markets. The wide range o f alliances against logging o f old growth forests w i l l ensure international attention. Under such a situation, First Nations have two potential ways to target a market; these are promoting value-added products and using eco-certification. First Nations w i l l need to take a philosophical and practical stand on clearcut logging, since they w i l l no longer be allowed to be ambivalent. The term "value-added" is used to describe timber products that are more fully  74  manufactured and require more labour resulting in increased revenue from the original raw timber resource. The value-added sector has already been encouraged for some years in the province, since it has significant potential to expand economic activity. The major reasons why the value-added sector is suitable for development o f local communities are that the existing facilities o f the industry can be used to increased remanufacture and that large volumes o f timber need not to be diverted away from those facilities ( M O F , 1995: 221). In other words, aboriginal communities, which already have facilities with secure timber supply, need not build anew to start a business. This is critical for First Nations, since many of their communities cannot afford to build new facilities and the A A C o f the province may not be increased, although it may be reallocated. Joint ventures and co-management with non-native tenure holders, which already have the large A A C , may also offer First Nations access to facilities and steady wood supply. In addition, the market for value-added products may be large, since those products can meet the specific needs o f customers all over the world. International trade agreements such as World Trade Organization (WTO) and North American Free Trade Agreement ( N A F T A ) promote multinational corporations in the global marketplace as a result o f reducing tariff barriers in the major trades, so that it is risky for First Nations to compete with large corporations under such stipulations. For example, First Nations may find it difficult to survive in a highly competitive lumber market. O n the other hand, it is possible to take advantage o f conditions o f these agreements. If First Nations target a number o f specific small-scale markets for their value-added products, not only North America but European Union and Asian countries w i l l be a potential market. Timber products become more valuable in the market when certified as environmentally conscious goods. Eco-certification is an important means for the marketing and sale o f timber products i n the global marketplace, since it informs customers that the wood products are from sustainably-managed forests. Compared with certification o f food, which affects human health and safety, certification o f forest products w i l l be difficult to be widely recognized among consumers (Hammond, 1997: 193). O n the other hand, there is a growing concern over deforestation particularly as a result o f logging o f old growth forests. Thus, being certified is an essential factor o f both survival and successful marketing in the forest industry. However, as the certified products become more in demand, certification standards may be more confusing, since some certifiers are willing to put their label on the wood  75  products from unsustainable forests such as areas o f culearcut and areas managed with pesticides (Hammond, 1997: 193-194). Therefore, producers need to consider which certification they obtain for their timber products. The environmental movement has prompted people to think about their impact on the natural environment. This is reflected in the market trends. Products with eco-certification have been more available, while the concept o f value-added has only recently been concerned. Considering the length o f the forest cycle and the forest product trends, it is expected that wood supply w i l l not increase rapidly, while demand for timber products w i l l do so. Therefore, First Nations could be successful in forest management through valueadded products and eco-certification that meet the demands o f a market.  4.3 Environmental Strategy There is a concern that large areas o f old growth forests, which have environmental, economic, and cultural values, have already been harvested and lost. The question o f how much old growth forests o f the province need to be protected is highly relevant to the subjects o f maintaining biodiversity, the role o f the logging industry, recreational values, and cultural heritage o f First Nations. British Columbia has a significant role to play in maintaining the remaining old growth forests in the global society, but equally it has to keep supporting the local economy through the forest industry. First Nations o f the province have a similar or more serious dilemma o f whether to protect or to harvest old growth forests on their land that have both potential for economic activity as well as value as cultural heritage. Therefore, the protection o f old growth forests without the decline o f economic benefit is a critical issue for the province, and First Nations' perspectives are important to cope with this issue.  4.3.1 Protection of Old Growth Forests The current government is positive to see the province protect as much as possible to ensure a sustainable environment and old growth protection is not confined to protected areas (Hamilton, 2000b). Accordingly, areas o f protected old growth w i l l increase through incentive by the government and through other forest management plans. However, the forest industry worries that the government intends to restrict logging in the province and objects to increasing areas for protection to more than 12 percent (Sanjayan and Soul, 1997). On the other hand, environmental groups say that 12 percent is not enough and ask for a 76  further increase o f protected areas in the province (Hamilton, 2000b). The blind spot o f this argument is that there are about 5 million hectares o f old growth forests included in neither protected areas nor commercial forest lands. If these non-categorized old growth forests do not overlap with the currently licenced forest land, it is possible to increase total protected old growth forests without damaging the logging industry. However, it is still important to protect certain areas o f old growth forests because almost 70 percent o f old growth forests in the province are in commercial forest land and have been clearcut. It is also necessary to look for a clear vision o f provincial forestry in terms o f environmental conservation since there is no specific idea about what the province should do after the 12 percent target is accomplished.  28  4.3.2 T i m b e r Harvest V o l u m e and L o g g i n g Systems In terms o f environmental sustainability and the importance o f old growth forests, both the allowable harvest volume and logging systems need to be reconsidered. To put it concretely, the annual harvest volume needs to respect long-term sustainable levels and selective logging systems can be encouraged for management o f uneven-aged forests. A t the same time, reforestation is important, since the severe reduction o f harvest volume from old growth forests w i l l cause social disruption in communities, which are dependent on the logging industry. This problem may be more serious for First Nations not only because o f the current limited access to forest resources but because o f the potential restriction o f logging on their forests. In order to avoid such difficulties, the future o f these communities need to be ensured by the appropriate reallocation o f forest tenure as well as by sufficient incentives for community forestry. First Nations also have a question o f how they shape forest management, considering that their traditional perspectives o f forest use seem philosophically incompatible with modern forestry. Therefore, it is important for First Nations to make their stance about clearcut logging clear. Economic and technical factors, which constrain First Nations to use the clearcut logging system, might be reduced by the governmental incentive and programs.  In November 2000, the total protected area i n B r i t i s h C o l u m b i a reached 11,609,017 hectares that represent 12.25 percent of the province (LUCO, 1999). However, i n terms of the entire forest land, less than ten percent of forests i n the province are i n the protected areas Greenpeace, 1997a). 2 8  77  4.3.3 D a t a Collection Looking at the past successful cases, what is crucial for First Nations to obtain forest tenure is official documents or data o f forest management in the claimed areas. First Nations traditionally do not record their histories and practices o f natural resources use in written form, and thus it is difficult to prove that their forest management practices have been more sustainable than those by non-natives. However, it is recommended to First Nations that they start or keep collecting any natural and social scientific data on forestry for the future. Carrying out research on forestry in cooperation with other native and non-native groups w i l l be more efficient i f they collect more interdisciplinary data for larger areas. The governments, which also lack information on subjects related to First Nations, can cooporate in the research, as well as through education and training programs and economic incentives. Documents based on reliable research are important when First Nations state their potential, not only in forestry but, in natural resource management in general.  Chapter  Conclusion  The idea o f forestry has begun to shift from volume-based management to a more comprehensive approach and this change has recently been reflected i n the provincial forest policies and programs. Thus, all the major parties that have different standpoints o f forestry need to develop a common ground. In this situation, native perspectives w i l l be influential in the new directions in forestry o f British Columbia, since the array o f issues, with which provincial forestry is confronted, overlap with those o f First Nations. In order to deal with the forestry issues at the institutional level, these changes are recommended: -  To reallocate forest tenure by taking the A A C away from the major licensees to encourage First Nations' involvement in forest management through community forestry,  -  To define the roles o f the provincial government, the forest industry, and First Nations in forestry considering the balance o f power,  -  To increase employment opportunities along with the training programs for aboriginal people in the forest sector,  -  To increase the areas o f protected old growth forests, and  -  To reconsider timber harvest volume and logging systems to respect sustainability o f forests.  78  At the same time, the following actions from aboriginal people are important: To take initiatives in educational and training programs, To target the markets of value-added and eco-certified forest products, -  To start or keep collecting natural and social scientific data in forestry, and To make their stance clear in forestry particularly about clearcut logging. Dissatisfaction of First Nations may lead the future of forestry of the province to an  impasse, since cooperation of First Nations is crucial in integrated forest management. The involvement of First Nations in forestry hence need for both themselves and the forest industry. First Nations should be powerful advocates for considering non-timber values of forests. Incorporating TEK in forestry programs will be effective for First Nations to make their cultural identity stronger. On the other hand, the traditional forest use by First Nations is different from and often incompatible with modern forestry. The common understanding about cultural ties of aboriginal people to nature is less evident in modern society. Therefore, it is important for First Nations to demonstrate that their forest management has been and will be sustainable and suitable for forestry in the province. First Nations will have a significant role in forestry through conservation of old growth forests and through incorporating their TEK, thus it is important to shape their stance in and perspectives of forestry in the 2 1 century. s t  79  Summary It is recognized globally that forests are important for various reasons from ecological to socio-economic to cultural and aesthetic values. The international community has emphasized the potential contribution o f indigenous knowledge and experience for the achievement o f sustainable development. However, the total area o f the world's forests has been in decline for the last few decades. This is an urgent issue, since it is related to multiple environmental problems that affect many societies as a result o f damaging forest ecosystems. Canada has a large proportion o f original forest cover. Thus, it has great opportunity and responsibility for maintaining large areas o f forests as well as the potential to contribute to the approach that aims to apply aboriginal knowledge to forest management. In British Columbia, cultural and economic values o f forests are significant. Aboriginal people have traditionally distinctive cultural and spiritual ties to old growth forests on their traditional lands (Henley, 1989; Poelzer, 1998; Turner, 1997; Walkem, 1994). They pass down their traditional way o f life and knowledge, which are rooted in the ideas o f using natural resources with respect (Turner, 1997). Their cultural association with forest ecosystems is reflected in clan lines, kinship, and rituals. M u c h o f oral history and sacred stories o f First Nations are related to the forest landscape, especially old growth forests. Accordingly, protection o f old growth forests is important not only for maintaining biodiversiy but also for respecting cultural heritage o f First Nations. Slightly over 12 percent o f all remaining old growth forests i n British Columbia are currently i n the protected areas under the Protected Areas Strategy ( P A S ) . However, there remains a question i f 12 percent is reasonable to protect old growth forests, which are environmentally and culturally important. In fact, almost 70 percent o f old growth forests are on commercial forest land and most areas have been clearcut. The focal point o f old growth logging is that most forests have been harvested by clearcutting methods, which is an environmentally devastating logging system. There has been a public concern over biodiversity and ecological values o f old growth forests. For First Nations, clearcutting o f old growth forests is a large controversy, since they are concerned about or dislike clearcutting, which is the most common and the less costly method o f timber harvesting. However, they do not oppose to logging itself. Another dilemma is that conventional forest practices by aboriginal people based on their traditional knowledge are incompatible with modern forestry.  80  In addition to logging o f old growth forests, First Nations i n British Columbia are confronted with their limited access to forest resources. Although they have used forests for their physical and cultural needs for thousands o f years, they have been marginalized in provincial forestry i n institutional and economic realms. The marginalization has been serious for some decades not only for the institutional changes that have occurred in the province but also the result o f the international influence and economic globalization. First Nations have rarely been involved i n the decision making process or had the employment opportunity generated from forest operation on their traditional lands. Participation o f First Nations i n forestry operations is an important factor, since many aboriginal communities have focused their economic development on the management o f their forest lands. In 1991, the provincial government made a commitment to negotiate modern treaties with First Nations for addressing the social, economic, and environmental concerns. In 1996, First Nations Forestry Program ( F N F P ) started to improve the economic conditions o f aboriginal communities by assisting First Nations with building their capacity of manage forest resources on reserves. The forest industry has changed and non-native forest companies have become more willing to work with First Nations through joint ventures and co-management strategies. However, native control o f forest resources is still limited by the provisions o f the Indian Act and Indian Timber Regulations. First Nations have difficulties i n having financial support, since their reserves are held in trust by the Crown and cannot be used as collateral. The shortage o f native-owned silvicultural businesses and facilities and little involvement o f First Nations in the manufacturing sectors are problems. There is also a concern that there are insufficient native workers with business skills and expertise i n forestry, since aboriginal people have had little opportunity for higher education and training programs i n the field. This is related to employment problems o f aboriginal i n the forest industry. Some non-native corporations have been positive by involving First Nations in their forest management activities, while others usually hire the best person for the job, regardless o f the candidate's background. Nonetheless, the lack o f educational background and experiences is a disadvantage for aboriginal aspirants. Market globalization, which is beyond the control o f individual states, is a constraint for First Nations. British Columbia is the world's most important exporter o f softwood lumber, but in a high competitive market, no producers can control prices. The global trade  81  agreements such as W o r l d Trade Organization (WTO) and North American Free Trade Agreement ( N A F T A ) are also advantageous for large multinational corporations and decrease economic influences o f governments on the forest products. The Food and Agriculture Organization o f the United Nations ( F A O ) and Resource Information System, Inc. (RISI) forecast that world demand for lumber w i l l decrease in the next few decades. In addition to these negative factors that restrict forest management by First Nations, the forest tenure system is a crucial component o f the marginalization o f First Nations in provincial forestry. Despite the public ownership o f Crown forests, a small number o f integrated companies with long-term and relatively secure tenures dominate most o f the allowable annual cut ( A A C ) . O n the other hand, the government collects various fees from the licensees without regulating old growth logging by tenure holders. This corporate concentration is controversial because forest management by these companies has been mostly timber volume-based, which is not always the best for long-term sustainability. It is also argued that small-scale forestry operators such as First Nations and local communities are excluded under the current tenure system. First Nations think that the provincial forestry regulations, including the A A C and other management requirements, are strongly biased toward timber production and neglect protection o f wildlife habitat and their traditional pursuits in forests. The concern o f First Nations over the policies is related to how their traditional philosophies o f holistic forest use can be compatible with the provincial objectives o f forestry. Nonetheless, it is important for First Nations to have harvesting licences because the forest tenure system is the most powerful tool o f forest management in the province today. Without forest tenure, First Nations are almost not able to use forest resources even on their traditional lands. In fact, most forestry activities in the province have occurred on traditional territories claimed by First Nations without any input from, or any consent from them, and First Nations have had little economic benefit from these activities. O n the other hand, there are positive changes in forestry o f British Columbia. For example, the idea o f ecosystem-based integrated forest management has been introduced and the major licensees emphasize the importance o f working with First Nations in their forest operations. Considering such an environment, First Nations w i l l increase their control over forest resources by incorporating their traditional ecological knowledge ( T E K ) and promoting community forestry.  82  The Nuu-Chah-Nulth Nations has played a significant role in the Scientific Panel for Sustainable Forest Practices in Clayoquot Sound for demonstrating the scientific validity o f T E K . The Panel found that T E K o f First Nations is essential for gathering information on culturally important areas and plant and animal habitats that are used for mapping. Collecting and incorporating T E K are important not only for integrated forest management but also for First Nations, since the body o f data is vital for them in their claim for their rights over their traditional territories. In 1997, the provincial government launched the Community Forest Pilot Project (CFPP) to expand community involvement in forest management and some native communities have been involved in the project. The Klahoose Nations is a unique case, since its alliance with the neighbour community does not involve any industrial timber companies. The band and non-native local community have worked together to promote ecosystem-based forest management and ecologically sustainable forest-based economic development. The total A A C for Forest Licences owned by First Nations has increased as a result o f the CFPP, but the availability o f greater forested areas for management is still limited. Therefore, forest tenure is more important and effective for forest management by First Nations. In the Delgamuukw decision o f 1997, the Supreme Court o f Canada affirmed unextinguished rights o f First Nations in British Columbia to their traditional land including forest resources on the land. About fifty First Nations bands are negotiating their land rights and title, and they have become more assertive since the Delgamuukw decision. However, most o f their treaty talks have had made little significant progress, and many First Nations have been frustrated by the attitude o f government. O n the other hand, the provincial government is concerned about complications o f resource management authority accompanied by the transfer o f the land ownership. Therefore, the tenure system has unique implications for both First Nations and provincial forestry. The three case studies o f different phases o f forest management by First Nations -the Tl'azt'en, the Westbank, and the Nisga'a N a t i o n - illustrate the significance o f obtaining forest tenure to control forest resources on their traditional land. The Tl'azt'en Nation has a Tree Farm Licence and runs a timber company, Tanizul Timber, since 1981. The company is the only aboriginal tenure holder o f the area-based forest licence, which is large enough to provide long-term economic development for the local community. When the Tl'azt'en people decided to focus on their forest resources as a  83  means o f enhancement o f employment and social well-being, forests in the area were being logged by non-native companies. Thus, the Tl'azt'en Nation had to compete for forest tenure. The band once worked with outside professional assistance when it prepared the proposal for forest management in the T F L area, and this strategy was effective to acquire the federal financial assistance. Tanizul Timber has provided employment for the band members and its revenue generated has supported the local economy. The Westbank Nation holds a Woodlot Licence with 830 cubic metres o f A A C , but the band has attempted to get forest tenure for 600,000 cubic metres o f harvest volume from its traditional territory. The treaty negotiation had not progressed and the band had been frustrated for some years before the band members began unauthorized logging on Crown land in 1999. The Westbank Nation referred to the Delgamuukw decision to justify its protest logging, but the decision is about other First Nations and the provincial government has failed to adequately address the ramification and the implications o f the decision. The controversy about the protest logging by the Westbank members revealed the frustration o f First Nations about their land claims as well as their struggles for obtaining forest tenure. The N i s g a ' a Nation achieved its treaty settlement in 2000 after a long negotiation and obtained the rights to the timber on N i s g a ' a Lands and to set its own forestry regulation. For the N i s g a ' a Nation, controlling natural resources on its lands is a significant change and equally is a big challenge in both economic and environmental terms. The N i s g a ' a forestry regulation may not distinctively different from the provincial laws, but the N i s g a ' a Treaty can be a model o f the settlement o f comprehensive land claims for the other First Nations involved in their treaty process. The N i s g a ' a approach that focused on future issues rather than compensation o f the past mismanagement o f forests by non-natives i n the area and thus promoted the treaty settlement. A l s o , the N i s g a ' a Nation looked for the best forest companies that offered joint venture with the band, and this illustrated the potential o f First Nations to work with non-native firms in forest management even after their land claims are settled. The settlement o f the Nisga'a Treaty is not only a turning point o f the long neglected history o f First Nations' territorial land claims but a cornerstone o f aboriginal land claims in British Columbia. The forest tenure system, economic uncertainty by globalization, and degradation o f old growth forests represent the current major issues in forestry o f British Columbia. These issues overlap with the problems o f First Nations in their forest management. Thus,  84  improving the situation o f First Nations would result in resolving these issues i n forestry in the province. In terms o f the institutional framework, the government needs to carry out innovative reallocations o f forest tenure, for instance by taking back some A A C from the major licensees and apportioning it to First Nations through community-based forest tenure. The reallocation can be an important step toward addressing the exclusion o f First Nations from forestry in the province. First Nations may be able to increase the social stability o f their community as a result o f forestry-based economic development. This relieves a financial burden on governments. For the forest industry, collaborating with First Nations on integrated forest management is advantageous. The complication o f forest management authority caused by native forest management is another concern for both the government and the industry. Thus, it is important to define the role and to balance the power o f the major parties. Redistributing the authority with the balance w i l l be effective not only as an aim at institutional and economic fairness but also to avoid potential dispute over forestry in the province. In addition to the institutional reformation, it is necessary to improve the socioeconomic condition o f First Nations in forestry, since their marginalized situation is related to the reinforcing circle o f the lack o f economic self-sufficiency and resultant the social problems. Interdisciplinary educational and training programs can be helpful to create a pool o f aboriginal experts who w i l l be able to implement integrated forest management from the point o f view o f First Nations. These programs would increase employment opportunity for aboriginal people not only in the forest industry but in the field o f natural resource management in general. Although the government can keep providing incentives, First Nations need to take the initiative in carrying out these programs. It is also important for the programs to focus on T E K to encourage the participation o f both First Nations and nonnatives. This w i l l be effective in addressing problems o f the lack o f communications, respect, trust, and knowledge among First Nations, the government, and the industry. Targeting a market for forest products is also critical for successful forest management.  It  would be effective for First Nations to promote value-added products rather than to j o i n the competitive lumber market under market globalization. The environmental movement and the collaboration with environmental groups w i l l be advantageous for First Nations in ensuring international attention. Timber products become more valuable in the market when  85  certified as environmentally conscious goods. Accordingly, using eco-certification for the products can also be successful in markets. First Nations' perspectives are important for the environmental aspect o f forestry because the protection o f old growth forests without the decline o f economic benefit is a critical issue for both First Nations and the province. Economic and technical factors, which constrain tenure holders to use the clearcut logging system, might be reduced by the governmental incentives and programs. In order to prevent further degradation o f old growth forests in British Columbia, long-term sustainable levels, selective logging systems for uneven-aged forests, and reforestation on commercial forest land need to be done. A t the same time, the future o f communities, which are dependent on the logging industry, need to be ensured by the appropriate reallocation o f forest tenure as well as by sufficient incentives for community forestry. First Nations need to take a philosophical and practical stand on clearcut logging, because their traditional forest use is philosophically incompatible with modern forestry but because they w i l l be influential in the new directions for provincial forestry. In addition, collecting natural and social scientific data on traditional lands is important for First Nations to demonstrate their sustainable forest management practices, although it is not their tradition to record their histories and practices o f natural resource use in written form. The issues o f forestry and First Nations have just begun to be spotlighted, but they have a powerful voice and potential in the resolving land and forest resource issues. Dissatisfaction of First Nations may lead the future o f provincial forestry to an impasse. Therefore, their perspectives and participation are important for the future o f forestry.  86  Appendices Appendix A: Forest Tenures Held by First Nations in British Columbia, 1991 (IFABC, 1991: Attachment #7, P. 8) Licence #  Licnesee  Woodlot Licences 19 Ahoushat Indian Band 41 Chehalis Indian Band 131 Kispiox Band Council 135 Glen Vowell Band Council 231 Saulteau Indian Band 292 Stellaquo Indian Band Council 313 Quaaout Resouces Ltd. (Little Shuswap Indian Band Council) 315 Adams Lake Indian Band Council 338 Spallumcheen Indian Band Council 346 Westbank Indian Band Council 354 Lower Nicola Indian Band Council 355 Coldwater Indian Band Council 380 North Thompson Indian Band Council 501 Alkali Lake Indian Band 559 Canim Lake Indian Band 590 Toosey Indian Band 593 Soda Creek Indian Band 601 Doig River Band Council 612 Halfway River Band Council 635 Stoney Creek Indian Band Council  Region  Vancouver Vancouver Pr. Rupert Pr. Rupert Pr. George Pr. George Kamloops  1,225 4,300 1,143 1,000 1,250 810 2,010  Kamloops Kamloops Kamloops Kamloops Kamloops Kamloops Cariboo Cariboo Cariboo Cariboo Pr. George Pr. George Pr. George  3,077 720 830 897 654 760 1.255 1,080 1,015 1,030 872 690 790  Total First Nations Woodlot Licences Total Provincial Woodlot Licences Tree Farm Licences 42 Stuart-Trembleur Band (Tl'azt'en Nation)  26,308 472,000  Pr. Rupert  Total First Nations Forest Licences Total Provincial Forest Licences Forest Licences Hecate Logging Ltd. (Ehattesaht Band) Zaul-Zap-Industries Ltd. (Canyon City Band) Total Indian Forest Licences Total Provincial Forest Licences  A A C (m3)  132,300 132,300 18,422,000  Vancouver Pr. Rupert  78,374 50,000 128,374 39,876,000  87  Appendix B : Definition of Aboriginal Rights ( B . C . Ministry o f Aboriginal Affairs, 1996) Aboriginal rights: -refer to practices, traditions or customs ("activity[ies]") which are integral to the distinctive culture o f an aboriginal society and were practiced prior to European contact, meaning they were rooted in the pre-contact society (the date is no longer prior to 1846, the date British sovereignty was asserted in B . C . ) ; -must be practiced for a substantial period o f time to have formed an integral part o f the particular aboriginal society's culture; -must be an activity that is a central, defining feature which is independently significant to the aboriginal society; -must be distinctive (not unique), meaning it must be distinguishing and characteristic o f that culture; -must be based on an actual activity related to a resource: the significance o f the activity is relevant but cannot itself constitute the claim to an aboriginal right; -must be given a priority after conservation measures (not amounting to an exclusive right); -must meet a continuity requirement, meaning that the aboriginal society must demonstrate that the connection with the land in its customs and laws has continued to the present day; -may be the exercise in a modern form o f an activity that existed prior to European contact; -may include the right to fish, pick berries, hunt and trap for sustenance, social and ceremonial purposes (for example, ceremonial uses o f trees and wildlife locations); -may include an aboriginal right to sell or trade commercially in a resource where there is evidence to show that the activity existed prior to European contact "on a scale best characterized as commercial" and that such activity is an integral part o f the aboriginal society's distinctive culture; -may be adapted in response to the arrival o f Europeans i f the activity was an integral part o f the aboriginal society's culture prior to European contact; -do not include an activity that solely exists because o f the influence o f European contact; and -do not include aspects o f aboriginal society that are true o f every society such as eating to survive. Aboriginal rights arise from the prior occupation o f land, but they also arise from the prior social organization and distinctive cultures o f aboriginal peoples on that land. Treaty negotiations w i l l translate aboriginal rights into contemporary terms ( B . C . Ministry o f Aboriginal Affairs, 1996).  88  Appendix C : Chronology of British Columbia Forest Tenure System (Clogg, 1999) PreFirst Nations governed the land and resources of British Columbia. European Contact 1838 Crown grant to Hudson's Bay Company of exclusive trading rights in B.C. 1846 British sovereignty over B.C. asserted through the Oregon Boundary Treaty with USA. 1849 Crown colony of Vancouver Island created. 1858 Grant to Hudson's Bay Company revoked. Crown colony of B.C. created. 1865 The Land Ordinance, 1865 provides for the earliest timber tenure, the "timber lease." Any rent, terms or provisions of these leases are at the discretion of the Governor. 1883-84 1.9 million acres on Vancouver Island granted to the Esquimalt & Nanaimo Railway Co. 1888 Timber licences (TLs) with a one year term are introduced. TLs are limited to 1,000 acres. 1905 A l l TLs are made fully transferable and renewable yearly. Over the next three years the number of TLs rises from 1,500 to more than 15,000 in a "frenzy of timber staking.." 1907 Granting of TLs suspended by Order in Council (607 TLs remain today). 1909 Royal Commission of Inquiry headed by F.J. Fulton is mandated to explore how B.C.'s forests could best be managed. The Commission's 1910 report recommends retaining Crown ownership of forest lands, and makes other recommendations that are incorporated in the 1912 Forest Act. 1912 B.C.'s first Forest Act is passed. It creates a Forest Branch of the Department of Lands that has jurisdiction over all matters connected to forestry, and provides for the creation of forest reserves where it is desirable to reserve lands for the perpetual growing of timber from 1912 until 1948 the Forest Act authorizes new access to timber only through the purchase of short-term licences to cut timber involving the auction of timber on a defined area of Crown land. 1942 Chief Forester C C . Orchard sends confidential memo to Minister of Lands called:"Forest Working Circles: A n Analysis of Forest Legislation in B C as it Relates to Disposal of Crown Timber, and Proposal Legislation to Institute Managed Harvesting on the Basis of Perpetual Yield." 1943 Concerns about increasing industrial demand for secure timber supplies and inadequate reforestation lead to the appointment of a Royal commission headed by Chief Justice Gordon Sloan. 1945 The Sloan Royal Commission report recommends tenure arrangements that would support "sustainable yield of wood of commercially useable quality from regional areas in yearly or periodic quantities of equal or increasing volume." Sloan's recommendations closely parallel Chief Forester Orchard's earlier memo. 1947 The Forest Act incorporated many of the recommendations of the Sloan Royal Commission by introducing two tools to facilitate sustainable yield management. One is Forest Management Licences (today replace by TFLs) with long-term, secure, area-based tenures to be granted to large private companies. The other one is Public Working Circles (later called Public Sustained Yield Units or PSYUs) to be managed by province, in which volume-based licences are to be granted.  89  1956  1975  1978  1981 1988 1989 1991  1998  A second Royal Commission headed by Sloan evaluates implementation of the policy direction embodied in the 1947 legislation, and recommends its continuation and expansion. Royal Commission on Forest Resources is appointed. Commissioner Peter Pearse's report in 1976 recommends simplifying the existing tenure system, shifting responsibility for reforestation and silviculture to industry and increasing opportunities for small operators. PSYUs are converted into a third as many Timber Supply Areas. Amendments to the Forest Act retain the T F L as a primary form of tenure and a new volume-based tenure, the F L , is created for granting rights to harvest timber in the TSAs. Woodlot licences are also introduced. Small Business Forest Enterprises Program (SBFEP) introduced. SBFEP is expanded by a five percent "take-back" of A A C from all major tenure holders. Ministry of Forests proposes "rolling over" volume-based FLs into TFLs, but does not do so after public hearings indicate widespread public opposition. Report of the forest Resources Commission, the Future of Our Forests, makes recommendations for tenure reform, including reducing the A A C held under tenure by companies with manufacturing facilities by "not more than 0 percent of the lesser of either their processing capacity or their present cut allocation, and that the wood freed up be used to create a greater diversity of tenures." Forest Act is amended to provide for granting community forest agreements and community forest pilot agreements.  90  Appendix D: Species Designated by the Committee on the Status of Endangered Wildlife in Canada Which Occur in British Columbia (CFS, 1997: 71; Harcombe, 1994: 26) Status  Common Name  S c i e n t i f i c Name  Extirpated  Pygmy Short-horned Lizard  Phrynosoma  Endangered  Southern Maidenhair Fern Adiantum capiIlus-veneris Leatherback Turtle Dermochelys coriacea Anatum Peregrine Falcon Fa Ico peregr inus Oreoscoptes montanus Sage Thrasher Strix occidental is Spotted Owl Catostomus sp. SaI i sh Sucker Enhydra lutris Sea Otter Belaena glacial is Right Whale (Pacific population) Marmota Vancouverens Is Vancouver Island Marmot  Threatened  Giant Helleborine Mosquito Fern Western Blue Flag Burrowing Owl Ferruginous Hawk Loggerhead Shrike Marbled Murrelet White-headed Woodpecker Enos Lake Stickleback Shorthead Sculp in North Pacific Humpback Whale Wood Bison  Epipactus gigantea A z o l l a mexicana Iris missourensis Speotyto cunicularla Buteo regal is Lanius Iudovicianus Brachyramphus marmoratus Picoides  albolarvatus  Macoun's Meadowfoam Phantom Orchid P a c i f i c Giant Salamander Caspian Tern Common Barn Owl Cooper's Hawk Flammulated Owl Great Gray Owl Long-biI led Cur lew Peale's Peregrine Falcon Trumpeter Swan Tundra Peregrine Falcon Charlotte Unarmored Stickleback Giant Stickleback Green Sturgeon White Sturgeon Lake Lamprey Pacific Sardine Speckled Dace Umat i l i a Dace  Limnanthes  macouni7  Vulnerable  douglasi7  Gasterosteus spp. Cottus confusus Megaptera novaeangliae B i s o n bison athabascae Cephalanthera ausitinae Dicamptodon ensatus  Sterna casp/'a Tyto alba Accipiter cooper i i Otus flanvneolus  Strix nebulosa Numenius amer icanus Fa Ico peregr inus pea lei Cygnus buccinator Fa Ico peregrinus tundrius Gasterosteus aculeatus Gasterosteus sp. Acipenser medirostris Acipenser transmontanus Lampetra macrostoma Sardinops sagax Rhinichthys osculus Rh in ichthys umatiI la  Vulnerable  Fringed Myotis Keen's Long-eared Bat Pal I id Bat Queen Charlotte Islands Ermine Spotted Bat Wolverine-Western Population Western Woodland Caribou Gr izzly Bear  Bolding indicates forest-dwelling species at risk.  Myotis thysanodes Myotis keen/'/' Antrozous pal Iidus Mustela erminea haidarum Euderma maculatum Gulo gulo Rangif er tarandus caribou Ursus arctos  Glossary of Terms Aboriginal people: in Canada, aboriginal people define all indigenous people of the country, including Indians, Metis, and Inuit people (as defined in the Constitution Act o f 1982).  Afforestation: the establishment o f a forest or stand o f trees by sowing, planting, or natural regeneration on an area not previously forested, or in areas where forests were cleared and other land-use patterns have dominated the landscape for many generations.  Allowable annual cut (AAC): the rate o f timber harvesting specified for an area o f land by the chief forester. The chief forester sets A A C s for timber supply areas (TSAs) and tree farm licences (TFLs) in accordance with Section 7 o f the Forest A c t and for Certified Tree Farms in accordance with the Assessment Act.  Biological diversity (biodiversity): the diversity of plants, animals and other living organisms in all their forms and levels o f organization, including genes, species, ecosystems and the evolutionary and functional processes that link them.  Clearcutting: a silvicultural system in which the entire stand o f trees is cleared from an area at one time, regardless o f their potential utility on or off the site. Clearcutting can be implemented in blocks, strips, or patches and results in the establishment o f a new even-aged stand o f trees, which can be naturally or artificially created. Commercial forest: in Canada, commercial forest is forest land capable o f producing timber and variety o f other benefits, including maple products, Christmas trees and specialty craft products. The non-commercial forest land is made up o f open forests comprising natural areas o f small trees, shrubs, and muskeg.  Community forestry: a land use system that attempt to maximize economic productivity and sustainability by involving the local community i n the management and planning process of forest based development initiatives.  Crown land: public land that is managed by the national or provincial/territorial government.  Culturally modified tree: a tree that has been marked to designated territory or communicate other information, or tree which some o f bark has been removed and used for clothing.  Cutblock: an area defined on the ground and planned for harvest, usually in one season. Deforestation: the long-term removal o f trees from a forested site to permit other site uses. Cutting o f trees followed by regeneration is not deforestation.  Delgamuukw decision: the oral histories o f aboriginal people as an evidence o f their title to land. This title includes both traditional and non-traditional activities on issues o f resource management.  93  Endangered species: any indigenous species o f fauna or flora that is threatened with imminent extinction or extirpation throughout all or a significant portion o f its Canada range, owing to human action.  Even-aged: a crop or forest containing examples that are all within a narrow band o f ages, or within one age class. First Nation: an aboriginal governing body, organized and established by an aboriginal community, or the aboriginal community itself.  Forest cover: all the trees and other plants (including ground cover) occupying the forest site. Forest land: in the timber management sense, forest land is that land designated as being capable of, and presently intended for the growth and harvest o f trees and classified as productive or non-productive. In the forest management sense, forest land is land currently, or in the recent past, or intended to be in the near future, under a forest cover o f some type and successional stage, regardless o f the functions possible or intended.  Forest management: the practice o f applying scientific, economic, philosophical, and social principles to the administration, utilization, and conservation o f all aspects o f all forested landscapes to meet specified goals, while maintaining the productivity o f the forest.  Forestry: a profession embracing the science, business, and art o f creating, maintaining, and managing forested landscapes and their many component parts to produce consumptive and/or nonconsumptive outputs for use by humans or other species in a manner that does not cause ecosystem degradation.  Gross Domestic Product (GDP): the value of production o f goods and services i n the economy resulting from the factors o f production, in particular from capital, whether o f Canadians or o f non-residents. Highgrading: taking the best quality and most accessible timber and leaving low grade trees behind.  Indian reserve: a tract o f land that is defined in Section 2 of the Indian Act and has been set apart by the federal government for the use and benefit o f an Indian band. The legal title to Indian reserve land is vested in the federal government.  Integrated Resource Management (IRM): the management o f two or more resources in the same general area and period o f time (e.g., water, soil, timber, grazing, fish, wildlife, and forests).  Logging: the felling and extraction of timber. Major licensees: those holding major licences such as timber sale licences, tree farm licences, timber licences, forest licences and timber sale harvesting licences.  94  Monoculture: in general, even-aged, single species forest crops.  Old growth forest: a forest that contains live and dead trees o f various sizes, species, composition, and age-class structure. O l d growth forests, as part o f a slowly changing but dynamic ecosystem, include climax forests. The age and structure o f old growth varies significantly by forest type and from one biogeoclimatic zone to another.  Protected areas: areas such as federal parks, provincial parks, wilderness areas, ecological reserves and recreation areas that have protected designations according to federal and provincial statutes.  Reforestation: the natural or artificial restocking o f an area with forest trees. Typically, refers to planting.  Silviculture: the art and science o f controlling and manipulating the establishment, growth, composition, health and quality o f forests and woodlands to meet the diverse needs and values o f society on a sustained basis. Sustainable development: a conceptual ideal where development meets the needs o f the present generations without compromising the ability o f future generations to meet their own needs.  Sustainability: the ability o f an ecosystem to maintain ecological processes and functions, biological diversity, and productivity over time. In the context o f forestry is the concept o f producing a biological resource under management practices that ensure replacement o f the part harvested, by regrowth or reproduction, before another harvest occurs.  Threatened species: any indigenous species o f fauna or flora that is likely to become endangered in Canada i f the factors affecting its vulnerability do not become reversed.  Timber harvesting: timber harvesting includes felling, yarding, hauling, and road building. Timber Supply: the quantity o f timber available for harvest over time. Timber Supply Area (TSA): a geographical unit defined around existing communities and timber processing centres to provide an administrative structure for forest planning and management throughout the province. The purpose o f T S A is to manage forests and allocate rights to harvest Crown timber according to a forest management strategy that is appropriate for the area.  Traditional ecological knowledge (TEK): the body o f knowledge or natural history built up by a group o f people over generations o f living in intimate contact with all aspects o f local ecosystems, including plants, animals and natural phenomena. The knowledge is accumulated and passed on by generations through their experience and by word o f mouth. Traditional territory: the geographic area identified by a First Nation to be the area o f land which they and/or their ancestors traditionally occupied or used.  95  Tree Farm Licence (TFL): a licence entered into under Part 3, D i v i s i o n (2) or (5). The T F L is a stewardship agreement over a sustained yield management unit. This includes the right to harvest a specified volume o f timber annually and the obligation to carry out all phases o f forest management on behalf o f the Ministry o f Forests. The licence has a term o f 25 years and is replaceable every 10 years.  Value-added: the remanufacturing o f lumber or other secondary forest products into something more valuable, such as trusses, cabinets, door and window frames and pallets.  Wildlife tree: a standing live or dead tree with special characteristics that provide valuable habitat for conservation or enhancement o f wildlife.  Woodlot licence: an agreement entered into under Part 3 Division (7) o f the Forest Act. Similar to a tree farm licence, except that its scale o f operation is not more than 400 hectares of Crown land plus any size o f private land. The licence is for 15 years, replaceable every five years.  96  References Adamowicz, W . L . and T.S. Veeman. 1998. Forest Policy and the Environment: Changing Paradigms. Canadian Public Policy. X X I V Supplement May, 1998, pp. 51-61. Assembly o f First Nations. 1999. Westbank First Nation Forestry and Natural Resource R i g h t s - J u l y 23, 1999. [On-line]. Available: http://www.afn.ca/resolutions/1999/aga%20resolutions%201999/res44.htm Association o f British Columbia Professional Foresters. 1999. First Nations Treaty Negotiations. [On-line]. Available: http://www.rpf-bc.org/agm48firstnations.html Bakewell, Jack M . 1995. T N T B C . Vancouver: T N T Publishing. Barnes, Trevor J. and Roger Hayter. 1997. Troubles in the Rainforest: British Columbia's Forest Economy in Transition. In Troubles in the Rainforest: British Columbia's Forest Economy in Transition, edited by Trevor J. Barnes and Hayter. pp. 1-11. Victoria: Western Geographical Press. Beatty, J i m and K i m Pemberton. 1999a. Defiant Westbank band begins logging Crown land. The Vancouver Sun. September 8, 1999. A 1 . A 2 . Beatty, Jim and K i m Pemberton. 1999b. More bands consider logging without permit. The Vancouver Sun. September 9, 1999. A 3 . Beets, Marlie. 1999. First Nations Logging: Presented to the Vancouver Section o f the Canadian Institute o f Forestry & Vancouver Wood Forum. [On-line]. Available: http://www.delgamuukw.org/perspectives/cofi.pdf Berneshawi, Suzanne. 1997. Resource Management and the M i ' k m a q Nation. Canadian Journal of Native Studies. Vol.17, N o . l , pp. 115-148. Beyer, Hubert. 1999. Don't Blame the Natives. [On-line]. Available: http://www.hubertbeyer.eom/Archives/l 999/October%2007%201999.html Binkley, Clark S. 1997. A Cross Road in the Forest: The Path to a Sustainable Forest Sector in British Columbia. In Troubles in the Rainforest: British Columbia's Forest Economy in Transition, edited by Trevor J. Barnes and Hayter. pp. 15-35. Victoria: Western Geographical Press. Bird, Beverly. 1996. The Gitxsan World View and Forest Resource Management. In Aboriginal Forest-Based Ecological Knowledge in Canada. Edited by Harry Bombay, pp. 31-35. Ottawa: National Aboriginal Forestry Association.  97  Bombay, Harry. 1996. Aboriginal forest-based ecological knowledge in Canada. (Discussion paper). Ottawa: National Aboriginal Forestry Association. Boyd, David R. 1999. First Nations and logging rights: Toward a five-per-cent solution. The Vancouver Sun. October 9, 1999. A 2 3 . Bridges, G . E . October, 1994. Economics and Trade Branch British Columbia Ministry o f Forests. Victoria: G . E . Bridges & Associates Inc. British Columbia Ministry o f Aboriginal Affairs. 1996. Glossary o f Treaty-related Terms: A s Used by the Province o f British Columbia. [On-line]. Available: http://www.aaf.gov.bc.ca/aaf/pub/glossary.htm British Columbia Ministry o f Aboriginal Affairs. 1997. Westbank First Nation, Canada, and British Columbia Sign Framework Agreement. News Release-1997. [On-line]. Available: http://www.aaf.gov.bc.ca/news-releases/1997/fe2697nr.stm British Columbia Ministry o f Aboriginal Affairs. 1998. Present Status o f the B C T C Process. [On-line]. Available: http://www.aaf.gov.bc.ca/aaf/treaty/status.htm British Columbia Ministry o f Forests and Salasan Associates. 1990. Towards an O l d Growth Strategy: Summary o f the O l d Growth Workshop. Victoria: Ministry o f Forest. British Columbia Ministry o f Forests ( M O F ) . 1995. Forest, Range & Resource Analysis. Victoria: Ministry o f Forests, Public Affairs Branch. British Columbia Ministry o f Forests ( M O F ) . 1996. Providing for the Future. [On-line]. Available: http ://www. for. gov.bc. ca/pab/publctns/pro vide/pro vide .htm British Columbia Ministry o f Forests ( M O F ) . 1997. Timber Tenure System. [On-line]. Available: http://www.for.gov.bc.ca/pab/facts/timber/index.htm British Columbia Ministry o f Forests ( M O F ) . 1998. Backgrounder 2. [On-line]. Available: http://www.for.gov.bc.ca/pab/news/stumpage/Backgrounder%202.htm British Columbia Ministry o f Forests ( M O F ) . 1999a. North Coast Timber Supply Area Analysis Report. Victoria: B . C . Ministry o f Forests. British Columbia Ministry o f Forests ( M O F ) . 1999b. Timber Supply Analysis in British Columbia. [On-line]. Available: http://www.for.gov.bc.ca/tsb/other/brochure/tsa_bro.htm Bryant, Dirk, Daniel Nielsen, Laura Tangley, and Forest Frontiers Initiative (World Resources Institute). 1997. The Last Frontier Forests: Ecosystems & Economies on The Edge. Washington, D C : World Resources Institute. [On-line]. Available: http://www.wri.org/wri/ffi/lff-eng/  98  Cafferata, W . N . 1997. Changing Forest Practices in Coastal British Columbia. In Troubles in the Rainforest: British Columbia's Forest Economy in Transition. Edited by Trevor J. Barnes and Hayter. pp. 54-62. Victoria: Western Geographical Press. Canadian Council o f Forest Ministers. 2000. Section 6. Silviculture. National Forestry Database Program. [On-line]. Available: http://nfdp.ccfm.org/framesite_e.htm Canadian Forest Service (CFS). 1997. The State o f Canada's Forests 1996-1997. Ottawa: Natural Resource Canada, Canadian Forest Service. Canadian Forest Service (CFS). 1998. The State o f Canada's Forests 1997-1998. Ottawa: Natural Resource Canada, Canadian Forest Service. Canadian Forest Service (CFS). 1999a. 56 First Nations Forestry Projects Get G o A h e a d . . . . Forest News Tips. [On-line]. Available: http://web.pfc.forestry.ca/main/programs/fnfp/98-99projects.htm Canadian Forest Service (CFS). 1999b. The State o f Canada's Forests 1998-1999. Ottawa: Natural Resource Canada, Canadian Forest Service. Canadian Forest Services (CFS). 2000a. The First Nations Forestry Program: 1999-2000 Project Information. [On-line]. Available: http://web.pfc.forestry.ca/main/programs/fnfp/99-2000projects.html Canadian Forest Services (CFS). 2000b. The State o f Canada's Forests. 1999-2000 Forests in the N E W M I L L E N N I U M . [On-line]. Available: http://nrcan.gc.ca/cfs/proj/ppiab/sof/common/latest.shtml Canadian Institute o f Forestry. 1994. Clearcutting in Canada. In Forestry on the H i l l . Special issue -Clearcutting. pp. 56-57. Ottawa: Canadian Forestry Association. Canada's Forest Network. 2000. Canadian Forests. [On-line]. Available: http://www.forest.ca/details.php3 through http:www.forest.ca/ Cassidy, Frank and Norman Dale. 1988. After Native Claims? Vancouver: Oolichan Books. Clogg, Jessica. 1999. Tenure Background Paper. Kootenay Conference on Forest Alternatives. Forest Tenure Reform: A Path to Community Prosperity? November 4-6. 1999 Nelson, B C . [On-line]. Available: http://www.wcel.Org/wcelpub/l999/13015.html Corsiglia, John and Gloria Snively. 1997. K n o w i n g Home. Alternative Journal 23:3, Summer, pp. 23-26. Council o f Forest Industries. 1998. B . C . ' s Allowable Annual Cut and Volume Harvested. Fact Book 98. [On-line]. Available: http://www.cofi.org/factbook98/three/3-2.htm  99  Davis & Company. 1999a. The Carrier Decision and the Westbankk Decision. Forestry Bulletin. [On-line]. Available: http://\vww.davis.ca/lglsrvcs/forestl.htm Davis & Company. 1999b. The Nisga'a Final Agreement: Forestry Implications. [On-line]. Available: http://www.davis.ca/topart/gem-nisg.html Delcourt, Gregg and B i l l Wilson. Forest Industry Employment: A Jurisdictional Comparison. Canadian Public Policy. X X I V Supplement May, 1998, pp. 11-25. Dellert, Lous H . 1998. Sustained Yield: W h y Has It Failed to Achieve Sustainability? In The Wealth o f Forests: Markets, Regulation, and Sustainable Forestry. Edited by Chris Tollefson. pp. 255-277. Vancouver: U B C Press. Dene Cultural Institute. 1995. Traditional Ecological Knowledge and Environmental Assessment. In Consuming Canada: readings in environmental history. Edited by Chad Gaffield and Pam Gaffield. pp. 340-365. Tronto: Copp Clark. Denman Community Forest Cooperative. 2000. Directory o f Community Forest Organizations o f British Columbia. [On-line]. Available: http://denmanis.bc.ca/directory/index.html Drengson, A l a n and Duncan Taylor. 1997. Introduction: A n Overview o f Ecoforestry. In Ecoforestry. Edited by A l a n Rike Drengson and Duncan M a c D o n a l d Taylor, pp. 17-33. Gabriola Island, B C : N e w Society Publishers. Drushka, K e n . 1993. Forest Tenure: Forest Ownership and the Case for Diversification. In Touchwood, pp. 1-22. Madeira Park, B C : Harbour Publishing. Drushka, K e n . 1999. A case o f stunted growth. The Vancouver Sun. M a r c h 31,1999. Special Report. D 2 , D 3 , D19, D20. Dunster, Julian and Katherine Dunster. 1996. Dictionary o f Natural Resource Management. Vancouver: U B C Press. Economic Development Commission Regional District o f Central Okanagan. 1999. Economic Profile: Forestry. [On-line]. Available: http://www.edccord.com/economic/sec_fore.htm Food and Agriculture Organization o f United Nations (FAO). 1997. State o f the World's Forests 1997. [On-line]. Available: http://www.fao. org/forestry/include/frames/english.asap?section=/forestry/fo/sofo/sofo97 Food and Agriculture Organization o f United Nations (FAO). 1999. State o f the World's Forests 1999. [On-line]. Available: http://www.fao.org/forestry/FO/SOFO/SOF099/sofo99e.stm  100  Forest Stewardship Council (FSC). 1996. FSC-Certified Canadian Forests. [On-line]. Available: http://www.web.net/fscca/chain.htm Forgacs, Otto. 1997. The British Columbia Forest Industry: Transition or Decline? In Troubles in the Rainforest: British Columbia's Forest Economy in Transition. Edited by Trevor J. Barnes and Hayter. pp. 167-178. Victoria: Western Geographical Press. Freed, James. 1997. Special Forest Products: Past, Present and Future. In Ecoforestry. Edited by A l a n Rike Drengson and Duncan MacDonald Taylor, pp. 171-178. Gabriola Island, B C : N e w Society Publishers. Gillis, Charlie. 1999. B . C . , natives at odds as first nation harvests wood on Crown land: Differing interpretations o f Delgamuukw decision spark legal action. [On-line]. Available: http://www.webarchives.net/september_1999/bc_natives_at_odds_as_first_nati.htm Globerman, Steve. 1998. Innovation, Strategy and Canada's Forest Products Industry. Canadian Public Policy. X X I V Supplement May, 1998, pp. 27-40. Grafton, R. Quentin and Robert W. Lynch. 1998. British Columbia's Stumpage System: Economic and Trade Policy Implications. Canadian Public Policy. X X I V Supplement May, 1998, pp. 41-50. Greenpeace. 1997a. Broken Promises: The truth about what's happening to British Columbia's forests. [On-line]. Available: http://greenpeace.org/~comms/97/forest/biglie.html Greenpeace. 1997b. Jobs and Trees the Forest Economy in British Columbia. [On-line]. Available: http://www.greenpeace.org/~comms/97/forest/jobtree.html Gunton, Thomas. 1997. Forestry Land Use and Public Policy in British Columbia: The Dynamics o f Change. In Troubles in the Rainforest: British Columbia's Forest Economy in Transition. Edited by Trevor J. Barnes and Hayter. pp. 66-73. Victoria: Western Geographical Press. Haener, M . K . and M . K . Luckert. 1998. Forest Certification: Economic Issues and Welfare Implications. Canadian Public Policy. X X I V Supplement May, 1998, pp. 83-94. Haley, David and Martin K . Luckert. 1990. Forest Tenures in Canada: A framework for Policy Analysis. Ottawa: Forestry Canada. H a l l , John E . , Maureen E . C o w i n , and John F. Rowan. 1988. The Report o f the Commission of Inquiry Concerning Certain Matters Associated with The Westbank Indian Band. Ottawa: Canadian Government Publishing Centre.  101  Hamilton, Gordon. 2000a. Coast loggers j o i n free-trade fight for softwood. The Vancouver Sun, March 4, 2000. C 1 , C 4 . Hamilton, Gordon. 2000b. Parkland goal o f 12 % troubles forest firms. The Vancouver Sun, September 26, 2000. C l , C l l . Hammond, Herb. 1991. Seeing the forest A m o n g the Trees. Vancouver: Polestar Press. Hammond, Herb. 1993. Forest Practices: Putting Wholistic Forest Use into Practice. In Touch Wood. Edited by K e n Drushka, Bob N i x o n and Ray Travers. pp. 96-136. Madeira Park, B C : Harbour Publishing. Hammond, Herb. 1997. What's Behind a Certified Label. In Ecoforestry. Edited by A l a n Rike Drengson and Duncan MacDonald Taylor, pp. 193-195. Gabriola Island, B C : N e w Society Publishers. Hammond, Herb and Susan Hammond. 1997. What is Certification? In Ecoforestry. Edited by A l a n Rike Drengson and Duncan MacDonald Taylor, pp. 196-199. Gabriola Island, B C : N e w Society Publishers. Harcombe, Andrew. 1994. Terms o f Endangerment. In Biodiversity in British Columbia: our changing environment. Edited by Lee E . Harding and E m l y M c C u l l u m . pp. 11-28. Vancouver: Environmental Canada, Canadian Wildlife Service. Harding, Lee. E . 1994. Threats to Diversity o f Forest Ecosystems in British Columbia. In Biodiversity in British Columbia: our changing environment. Edited by Lee E . Harding and E m i l y M c C u l l u m . pp. 245-277. Vancouver: Environmental Canada, Canadian Wildlife Service. Hawthorn, Harry. 1960. The Indians o f British Columbia: A Study o f Contemporary Social Adjustment. Toronto: University o f Toronto Press. Hayter, Roger and Trevor J. Barnes. 1997. Troubles in the Rainforest: British Columbia's Forest Economy in Transition. In Troubles in the Rainforest: British Columbia's Forest Economy in Transition. Edited by Trevor J. Barnes and Hayter. pp. 1-11. Victoria: Western Geographical Press. Henley, Thorn. 1989. Rediscovery. Vancouver: Western Canada Wilderness Committee. Hopwood, A l l e n . 1985. A National Indian Forestry Program. Opening comments and panel presentations. In Native Self-Reliance Through Resource Development. W.F. Sinclair, ed. Proceedings o f International Conference "Towards Native Self-Reliance: Renewal & Development", pp. 109-112. Vancouver: Hemlock Printers.  102  Hopwood, A l l e n . 1988. The Social and Economic Returns from Investments in Forest Management Programs on Indian Lands - Two Case Studies. F R D A report issued under Forest Resource Development Agreement. Forestry Canada. Hunter, Justin. Forest Renewal B . C . beset by confusion and waste. The Vancouver Sun. July 17, 1999. A l , A 1 4 . Hunter, Justin. Office built on reserve was unnecessary, Liberal says. The Vancouver Sun. July 19, 1999. A 9 . Hunter, Justin. Repair F R B C or scrap it, I W A president suggests. The Vancouver Sun. July 24, 1999. D 1 , D 2 . Hutton, Thomas A . 1997. Vancouver as a Control Centre for British Columbia's Resource Hinterland: Aspects o f Linkage and Divergence in a Provincial Staple Economy. In Troubles in the Rainforest: British Columbia's Forest Economy in Transition. Edited by Trevor J. Barnes and Hayter. pp. 233-261. Victoria: Western Geographical Press. The Institute on Governance. 1998. Exploring the Relationship Between Aboriginal Peoples and the Canadian Forest Industry: Some Industry Perspectives. [On-line]. Available: http ://www.pfpn. gc. ca/sectione/5 section/exploring.html#can International Alliance o f the Indigenous-Tribal Peoples o f the Tropical Forests (IAIP). 1995. The Biodiversity Conservation - T h e concerns o f Indigenous Peoples. [On-line]. http://www.fern.org/iaip/IFB/cbd-ip~l.htm (5 March, 2001) International Network o f Forests and Communities. 2000. Canada. Community forestry country profiles. [On-line]. Available: http ://www. forestsandcommunities. org/Country_Profiles/Canada, html Intertribal Forestry Association o f British Columbia ( I F A B C ) . 1991. Lands, Revenues and Trusts Forestry Review. Kelowna, B . C . : Intertribal Forestry Association o f British Columbia. Jaggi, M o n i k a and L . Anders Sandberg. 1997. Sustainable Forestry at the Crossroads: Hard Lessons For the World. In Ecoforestry. Edited by A l a n Rike Drengson and Duncan MacDonald Taylor, pp. 147-158. Gabriola Island, B C : N e w Society Publishers. Jensen, Vickie. 1992. Where the People Gather: Carving A Totem Pole. Vancouver: Douglas & Mclntyre. K i m m i n s , J.P. (Hamish). 1994. Clearcutting: Responsible Forest Management or Environmentally-Destructive Forest Exploitation. In Forestry on The H i l l : Special issue Clearcutting. pp. 6-21. Ottawa: Canadian Forestry Association. K i m m i n s , Hamish. 1997. Balancing Act: Environmental Issues in Forestry. Second Edition. Vancouver: U B C Press.  103  Knight, Rolf. 1996. Indians at Work: A n Informal History o f Native Labour in British Columbia, 1848-1930. Vancouver: N e w Star Books. Kuhn, Richard G . and Frank Duerden. 1996. A Review o f Traditional Environmental Knowledge: A n Interdisciplinary Canadian Perspective. Culture V o l . X V I N l . Canadian Anthropology Society, pp. 71-84. Lafond, Lester. 1993. Historical Use o f Land and Resources. In Sharing the Harvest: The Road the Self-Reliance. Report o f the National Round Table on Aboriginal Economic Development and Resources, pp. 61-69. Ottawa: Royal Commission on Aboriginal Peoples National Round Table on Aboriginal Economic Development and Resources. Land Use Coordination Office ( L U C O ) . 1998a. British Columbia's Protected Areas 1998. [On-line], http://www.luco.gov.bc.ca/pas/pasforbc/home.htm Land Use Coordination Office ( L U C O ) . 1998b. Fort St. James: L R M R Implementation Update # 1. [On-line]. Available: http://www.luco.gov.bc.ca/slupinbc/ftstjames/implem.htm Land Use Coordination Office ( L U C O ) . 1999. P A S Statistic. [On-line]. Available: http://www.luco.gov.bc.ca/pas/stathome.htm Land Use Coordination Office ( L U C O ) . 2000. P A S Overview Maps. [On-line]. Available: http://www.gis.luco.gov.bc.ca/pas/overviewmaps.html Lewis, M i k e and W i l l i a m J. Hatton. 1992. Aboriginal Joint Ventures: Negotiating successful Partnerships. Vancouver: Centre for Community Enterprise. Luckert, M . K . and F.J. Salkie. 1998. Forestry in Canada: Transitions and Emerging Policy Issues. Canadian Public Policy. X X I V Supplement May, 1998, pp. 1-10. M c D o n a l d , James, n.d. Cultivating in the Northwest: Gleaning the Evidence from the Tsimshian (draft). Anthropology and First Nations Studies. U N B C . M c D o n a l d , James, n.d. Tsimshian Renewal: Centralizing the Margin. University o f Northern British Columbia. M c D o n a l d , James A . (Edt.). n.d. We're A l l Here to Stay: Forum on the Implications o f the Delgamuukw Decision for Northern British Columbia. M ' G o n i g l e , Michael and B e n Parfitt. 1994. Forestopia: A Practical Guide To The N e w Forest Economy. Madeira Park, B C : Harbour Publishing. M ' G o n i g l e , R. Michael. 1997. Reinventing British Columbia: Towards a N e w Political Economy in the Forest. In Troubles in the Rainforest: British Columbia's Forest Economy in Transition, edited by Trevor J. Barnes and Hayter, pp. 37-50. Victoria, Western Geographical Press.  104  M ' G o n i g l e , Michael. 1998a. Structural Instruments and Sustainable Forests: A Political Ecology Approach. In The Wealth o f Forests: Markets, Regulation, and Sustainable Forestry. Edited by Chris Tollefson. pp. 102-119. Vancouver: U B C Press. M ' G o n i g l e , Michael. 1998b. L i v i n g Communities in a Lining Forest: Towards an Ecosystem-Based Structure of Local Tenure and Management. In The Wealth o f Forests: Markets, Regulation, and Sustainable Forestry. Edited by Chris Tollefson. pp. 152-185. Vancouver: U B C Press. M a c K i n n o n , A n d y and Terje Void. 1998. Old-Growth Forests Inventory for British Columbia, Canada. Natural Areas Journal, Vol. 18 (4), pp. 309-318. Marchak, Patricia. 1983. Green Gold: the forestry industry in British Columbia. Vancouver: U B C Press. Marchak, M . Patricia. 1995. Logging the Globe. Quebec: McGill-Queen's University Press. Marchak, M . Patricia, Scott L . Aycock, and Deborah M . Herbert. 1999. Falldown: Forest Policy in British Columbia. Vancouver: The David Suzuki Foundation and Ecotrust Canada. May, Elizabeth. 1998. A t The Cutting Edge: The Crisis in Canada's Forests. Toronto: K e y Porter Books. Menzies, Charles R. et al. 1999. Communities in Transition: First Nations Involvement in the Forest Industry in the Tsimshian Territories. Unpublished document. Menzies, Charles R and Caroline Butler, n.d. Working in the Woods: Tsimshian Involvement in the northern B C Forest Industry. M i l l s , Antonia. 1998. The N e w Delgamuukw Decision: H o w the Gitxsan and Witsuwit'en Are M o v i n g the Margins to the Center. University of Northern British Columbia. M a y 1998. Mitchell-Banks, Paul. 1998. H o w Settlements W i l l Affect Access to Natural Resources. In Prospering Together: The Economic Impact of the Aboriginal Title Settlements in B . C . Edited by Roslyn Kunin. pp. 111-137. Vancouver: The Laurier Institution. Mohawk Council o f Akwesasne. 1994. First Nations: Environmental Knowledge and Approaches to Natural Resources. Methodological Approach 2 draft. Institute for Research on Environment and Economy. University of Ottawa. n d  Munro, Harold and Justine Hunter. F R B C fails to live up to grand expectations, critics charge. The Vancouver Sun. July 17, 1999. A 1 5 . Munro, Harold. F R B C rethinks worker-training strategy. The Vancouver Sun. July 19, 1999. A l , A 9 .  105  Munro, Harold. F R B C braces for critical report. The Vancouver Sun. July 20, 1999. A 1 0 . Special Report. Nathan, Holly. 1993. Aboriginal Forestry: The Role o f the First Nations. In Touch Wood. Edited by K e n Drushka, B o b N i x o n and Ray Travers. pp. 137-169. Madeira Park, B C : Harbour Publishing. National Aboriginal Forestry Association ( N A F A ) . 1993. Forest Lands and Resources for Aboriginal People: A n intervention submitted to the Royal Commission on Aboriginal Peoples. Golden Lake, Ontario: National Aboriginal Forestry Association. National Aboriginal Forestry Association ( N A F A ) . 1997a. Advancing the Concepts o f Aboriginal Control and Sustainable Development o f Forest Resources to Serve the Needs o f Aboriginal Communities. [On-line], http://www.fnc.ca/nafa/nafa.html (30 August, 2000) National Aboriginal Forestry Association ( N A F A ) . 1997b. Co-Management and Other Forms o f Agreement in the Forest Sector. 5 Part Strategy: Tools for Aboriginal Communities to Promote Good Forest Land Management Practices. [On-line]. http://www.fnc.ca/nafa/comanage.html (30 August, 2000) Nisga'a Tribal Council. 1993. Nisga'a: People o f the Nass River. Vancouver: Douglas & Mclntyre. Notzke, Claudia. 1994. Aboriginal Peoples and Natural Resources i n Canada. Ontario: Captus Press. Office o f the Auditor General o f Canada. 1992. Department o f Indian Affairs and Northern Development -Indian Forest Management. 1992 Report o f the Auditor General o f CanadaChapter 15. [On-line]. Available: http://www.oag-bvg.gc.ca/domino/reports.nsf/html/ch9215e.html Orton, David. 1994. Is sustainable forestry possible? Canadian Dimension. May-June, pp. 31-32. Pedersen, Larry. 1996a. Tree Farm Licence 42: Issued to Tanizul Timber Ltd. Timber Supply Review (1992-1996): Tree Farm Licence A A C Rational Geographic Lookup. [Online]. Available: http://www.for.gov.bc.ca/tsb/tsrl/ration/tfl/t42/httoc.htm Pedersen, Larry. 1996b. Okanagan Timber Supply Area, Rationale for allowable annual cut ( A A C ) determination. [On-line]. Available: http://www.for.gov.bc.ca/tsb/tsrl/ration/tsa/tsa22/22ra.htm People & the Planet. 1996. Forests: a planetary treasure. [On-line]. Available: http://www.peopleandplanet.net/doc.php?id=22  106  Perry, Richard J. 1996. From Time Immemorial: Indigenous Peoples and State Systems. Austin: University o f Texas Press. Poelzer, Greg. 1998. Land and Resource Tenure: First Nations Traditional Territories and Self-Governance. In Prospering Together: The Economic Impact o f the Aboriginal Title Settlements in B . C . Edited by Roslyn Kunin. pp. 85-110. Vancouver: The Laurier Institution. Rajala, Richard A . 1998. Clearcutting the Pacific Rain Forest: Production, Science, and Regulation. Vancouver: U B C Press. Raunet, Daniel. Mclntyre.  1996.  Without surrender, without consent.  Vancouver: Douglas &  Resource Information Systems, Inc. (RISI). 1999. Excerpt - L o n g Term Wood Products Review. [On-line]. Available: http://www.resourceinfo.com/reports/wlr.pdf Robinson, R o d . 1985. The Objective o f the Nishga C l a i m From a Nishga Viewpoint. In Native Self-Reliance Through Resource Development. W.F. Sinclair, ed. Proceedings o f International Conference "Towards Native Self-Reliance: Renewal & Development". Vancouver: Hemlock Printers. Roddan, Chris. 1994. Participatory Rural Appraisal A s a Process in Community Forestry. International Journal o f Ecoforestry. 10(3), pp. 104-109 Ross, Monique M . 1995. Forest Management in Canada. Alberta: Canadian Institute o f Resources Law, The University o f Calgary. Sahajananthan, Sivaguru, David Haley and John Nelson. 1998. Planning for Sustainable Forests in British Columbia through Land Use Zoning. Canadian Public Policy. X X I V Supplement May, 1998, pp. 73-81. Sanjayan, M . A . and M . E . Soul. 1997. M o v i n g Beyond Brundtland: The Conservation Value o f British Columbia's 12 Percent Protected Area Strategy. [On-line]. Available: http://www.greenpeace.org/~comms/97/forest/soule.html Seeland, Klaus. 1997. Introduction. In Nature Is Culture: Indigenous knowledge and sociocultural aspects o f trees and forests in non-European cultures. Edited by Klaus Seeland. pp. 1-6. London: Intermediate Technology Publications. Sierra Legal Defence Fund. 1997. A Sierra Legal Defence Fund Report. British Columbia's Clear Cut Code: Changing the way we manage our forests? Tough Enforcement? [On-line]. Available: http://sierralegal.org/reports/clearcut.html Silva Ecosystems Consultants. 1985. Forest Management Practices in the Nass Valley: Summary o f Technical Evaluation. Winlow, B C : Nishga Tribal Council.  107  Simpson, Elaine L. 1997. Aboriginal Claims in Canada: British Columbia Claims. [Online] . Available: http://www.ualberta.ca/~esimpson/claims/BritishColumbia.htm Smelser, D. Rodney. 1991. Labour Market Paper: Natives. Ottawa: Employment and Immigration Canada. Statistics Canada. 2000. Canada at a glance. [On-line]. Available: http://www.statcan.ca/english/Pgdb/ Sterritt, Neil. 1998. The Nisga'a Treaty: Competing Claims Ignored! B C Studies, no. 120, Winter 1998/99, pp. 73-97. Stevenson, Marc. 1998. First Nations Research Workshop. Edmonton, Alberta: University of Alberta. Swift, Jamie. 1983. Cut and Run: The Assault on Canada's Forests. Toronto: Between the Lines. Thompson, Steve. January 1994. Harvesting Methods in Canada's Forests: A Discussion Paper from the National Round Table on the Environment and the Economy. Ottawa: National Round Table on the Environment and the Economy (NRTEE). Turner, Nancy J. 1997. "The Earth's Blanket:" Traditional Aboriginal Attitudes Towards Nature. In Ecoforestry. Edited by Alan Rike Drengson and Duncan MacDonald Taylor, pp. 179-181. Gabriola Island, BC: New Society Publishers. The Vancouver Sun. 1999a. Westbank chief bullish about forestry challenge. October 12, 1999. B8. The Vancouver Sun. 1999b. West Chilcotin ecotourists work with loggers to save wilderness: What the two diverse side have in common is a desire to make a living in that area. October23, 1999. B I . The Vancouver Sun. 1999c. Logging near Active Pass 'foolish,' opponent says: Conservation groups are urging Ottawa to provide $2 million in compensation for an Indian band to stop the logging on reserve land. December 22, 1999. B8. van Kooten, G. Cornells and Sen Wang. 1998. Estimating Economic Costs of Nature Protection: British Columbia's Forest Regulations. Canadian Public Policy. X X I V Supplement May, 1998, pp. 64-71. Vance, Joan E. 1990. Tree Planning: A Guide to Public Involvement in Forest Stewardship. Vancouver: B.C. Public Interest Advocacy Centre.  108  Walkem, Ardith. 1994. First Nations and Old Growth Values: Prepared for Ministry of Forests and Ministry of Environment, Land and Parks. Spence's Bridge, B.C.: Cook's Ferry Band. Walter, G.R. 1997. Staples, Regional Growth and Community Sustainability. In Troubles in the Rainforest: British Columbia's Forest Economy in Transition. Edited by Trevor J. Barnes and Hayter. pp. 287-303. Victoria: Western Geographical Press. Warren, D. M . 1992. Indigenous Knowledge, Biodiversity Conservation and Development. [On-line]. Available: http://www.ciesin.org/docs/004-173/004-173 .html Western Forest Products Limited. 1999. First Nations. [On-line]. Available: http://www.westernforest.com/people/iirstnations.html Weyerhaeuser Company. 2000. Weyerhaeuser Canada. Weyerhaeuser Business. [On-line]. Available: http://www.weyerhaeuser.com/canada/ (10 August, 2000) Wilkinson, Bruce W. 1997. Globalization of Canada's Resource Sector: An Innisian Perspective. In Troubles in the Rainforest: British Columbia's Forest Economy in Transition. Edited by Trevor J. Barnes and Hayter. pp. 131-147. Victoria: Western Geographical Press. Willems-Braun, Bruce. 1997. Colonial Vestiges: Representing Forest landscapes on Canada's West Coast. In Troubles in the Rainforest: British Columbia's Forest Economy in Transition. Edited by Trevor J. Barnes and Hayter. pp. 99-127. Victoria: Western Geographical Press. Wilson, Jeremy. 1998. Talk and Log: Wilderness Politics in British Columbia, 1965-96. Vancouver: UBC Press. World Resources Institute (WRI). 2000. Canada's Forests at a Crossroads: An Assessment in the Year 2000. Washington, DC: World Resources Institute.  109  

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