Forest Management Certification Assessment Report for - Rainforest ...

FSC PrincipleP2: Tenure & UseRights &ResponsibilitiesComments from InterestedParties• There is a concern about compliancewith Indicator 1.6.3 – some woodfrom mining development clearingmay fall in this category.• Tembec does not appear to meetIndicator 2.1.1 – they hold a volumebasedtenure without joint applicationwith the BC Government, andwithout a designated area for harvestcalculations. A “chart area” is not alegally defined management unit. Itis also unclear whether they areworking with the government asrequired.• There are significant overlappingtenures that are underminingAssessment Team Responsefrom the certificate, and the timber cutfrom these areas would not be includedwithin the chain of custody certificate.The team concluded that the mentionedother activities did not represent aconflict between laws and the FSCPrinciples and Criteria.• There will be no “non-FSC products”from the certified area as any coalmining or other developments would beexcluded from the scope of thecertificate. A controlled woodassessment would be required ifTembec obtained this timber andplanned to include it with its certifiedwood. The team interpreted Indicator1.6.3 narrowly to confine it to theoperating areas, not to all of Tembec’sfacilities throughout the EastKootenays. The team did not find anynon-conformance with Indicator 1.6.3.• The team reviewed Criterion 2.1 veryclosely and concluded Tembec is inconformance with the indicators in thisCriterion. Tembec does have a definedoperating area which is mapped andrecognized by government and othertenure holders. While not technically“legal”, it has recently been confirmedthrough a complex internal governmentprocess related to Bill 28. Tembec’spresent exclusive right to harvest in thearea is confirmed. If “legally” definedland area was required, FL’s could notbe certified. Tembec has approachedgovernment seeking a co-operativeapproach, and there is no evidence thatgovernment has refused, or is refusing,to approve plans and permits that areconsistent with meeting FSC standards.Indicator 2.1.1 does not require aseparate AAC determination at thistime. The team has imposed CAR12/06 to require a separate timbersupply analysis for the operating areaswithin each of the TSAs.• There are no overlapping forest tenures.Cattle grazing in riparian areas andmineral exploration roads in potentialPage 16 of 89